§ 18-177. Definitions.

For the purposes of the Downtown Winter Garden Minimum Maintenance Code, certain terms and words used herein shall have the following meaning:

Accessory structure. The term "accessory structure" shall be construed to mean a building which is customarily incidental and subordinate to a principal use of property and is located upon said property.

Building Code. The term "Building Code" shall be construed to mean the building code as established in the City of Winter Garden Code of Ordinances.

Code enforcement board. The term "code enforcement board" shall be construed to mean the City of Winter Garden Municipal Code Enforcement Board created pursuant to F.S. ch. 162, and as otherwise established in the City of Winter Garden Code of Ordinances.

Debris. The term "debris" shall be construed to mean material which is stored outdoors and shall include, but is not limited to, the following: discarded household items; inoperative or discarded machinery, vehicles, or appliances; refuse, trash, or junk; and used scrap or discarded lumber, pipe, steel, plumbing fixtures, insulation or other building materials.

Deterioration. The term "deterioration" shall be construed to mean a lowering in quality in the condition or appearance of a building or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, spalling, peeling, rusting, or any other evidence of physical decay or neglect, excessive use, or lack of maintenance.

Dilapidated. The term "dilapidated" shall be construed to mean substantial deterioration of a building or parts thereof, rendering said building, or portion thereof, inadequate for the purpose or use for which it was originally intended.

Garbage regulations. The term "garbage regulations" shall be construed to mean the provisions and standards as stated in chapter 58, solid waste, City of Winter Garden Code of Ordinances.

Infestation. The term "infestation" shall be construed to mean the presence within or around a commercial property of insects, rodents, or pests which are detrimental to the public health, safety, and general welfare of occupants or visitors; and, in the case of a structure, that if left unattended, may result in structural deterioration.

Inoperative vehicle. The term "inoperative vehicle" shall be construed to mean a vehicle which is missing functioning parts including, but not limited to, the chassis, engine, wheels, or tires; or any vehicle without a valid, current registration; or any vehicle which is incapable of movement under its own power and will remain so unless repair or reconstruction occurs.

Nuisance conditions. The term "nuisance conditions" shall be construed to mean (a) any nuisance as defined by law, whether general law or City Code, (b) any attractive nuisance which may be detrimental to the health or safety of children whether in a building, on the premises of a building, or upon an unoccupied job site. This includes, but is not limited to: abandoned wells or shafts; or excavations; abandoned iceboxes, refrigerators, or motor vehicles; any structurally unsound fences or structures; lumber, trash/debris, or any other materials which may provide a hazard; (c) unsanitary conditions or anything offensive to the senses or dangerous to health including, but not limited to: the emission of odors, sewage, human waste, liquids, gases, dust, smoke, vibration, noise, or whatever may render air, food, or drink detrimental to the health of human beings; (d) physical conditions such as, but not limited to: old, dilapidated, abandoned scrap or metal, paper, building materials and equipment, bottles, glass, appliances, furniture, rags, rubber, motor vehicles, and parts hereof; (e) physical conditions posing fire hazards; (f) physical conditions posing a hazard such as, but not limited to, dead or damaged trees.

Operator. The term "operator" shall be construed to mean any person who has charge, care, or control of a building, a part thereof, with or without the knowledge or consent of the owner.

Owner. The term "owner" shall be construed to mean a person who, or entity which, alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, attorney, executor, personal representative, or trustee) has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under the lease for property maintenance; or, the requisite owner of a vehicle, as determined by the division of highway safety and motor vehicles (or corresponding agency) of any state.

Person. The term "person" shall be construed to mean any individual, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, private or public corporation, and all other groups or combination thereof.

Plumbing Code. The term "Plumbing Code" shall be construed to mean the plumbing code as established in the City of Winter Garden Code of Ordinances.

Premises. The term "premises" shall be construed to mean a lot, plot, or parcel of land and may include any building or structure thereon.

Stairway. The term "stairway" shall be construed to mean one or more flights of stairs and the necessary landings and platforms which form a continuous and uninterrupted passage from one story to another within or attached to the exterior of a building or structure.

Story. The term "story" shall be construed to mean that portion of a building included between the upper surface of any floor and the upper surface of the floor 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. If the finished ceiling level directly above a basement or cellar is more than six feet above grade, the basement or cellar shall be considered a story.

Structure. The term "structure" shall be construed to mean anything constructed or erected, installed or portable with a fixed location on the ground, or attached to an object having a fixed location on the ground, the use of which requires location on a parcel of land. It includes a movable structure while it is located on land which can be used for business, commercial, agricultural, educational, or office purposes either temporarily or permanently. "Structure" also includes, but is not limited to, swimming pools, fences, poles, pipelines, transmission lines, advertising signs, and to the extent not superseded by federal law or regulation, radio and television antennae and dishes.

Trash. The term "trash" shall be construed to mean non-putrescible solid wastes (excluding ashes), consisting of both combustible and non-combustible wastes, such as paper, cardboard, boxes, crates, tin cans, yard clippings, leaves, wood, glass, crockery, and similar materials that may accumulate about property.

Weatherproof. The term "weatherproof" shall be construed to mean able to withstand exposure to weather without damage or loss of function.

Weathertight. The term "weathertight" shall be construed to mean able to exclude wind and rain under normal conditions.

(Ord. No. 08-21, § 2, 3-27-08)