Athens City Code

1. (1) Meaning of certain words. When any words are used in this chapter, they shall be construed, unless expressly stated to the contrary, to include the plurals of those words and/or as if they were followed by the words "or any part thereof." The word "shall" shall be applied retroactively as well as prospectively.
2. (2) Terms defined. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
   
   Accessory structure means 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.
   
   Building means a combination of materials to form a construction adapted to permanent or continuous occupancy or use for public, institutional, residence, business, or storage purposes.
   
   Building code means the building code of the city.
   
   Code officer means the person appointed to administer and enforce the provisions of this chapter as well as all the housing codes under this title.
   
   Deterioration means the condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay or neglect, excessive use, or lack of maintenance.
   
   Exposed to public view means any premises, or any part thereof, or any building, or any part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, licensed open air parking lot, or from any adjoining or neighboring premises.
   
   Exterior of premises means those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
   
   Extermination means the control and elimination of insects, rodents, and vermin by eliminating their harborage places; by removing or making inaccessible material that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other approved means of pest elimination.
   
   Fire chief means the fire chief of the city.
   
   Fire hazard means any thing 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 persons in the public service of 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. (Also see Nuisance.)
   
   Garbage means putrescible animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food. (Also see Refuse and Rubbish.)
   
   Health officer means the health officer of the Hiwassee Health District.
   
   Infestation means the presence of insects, rodents, vermin, or other pests on the premises which constitute a health hazard.
   
   Mixed occupancy means any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to non-dwelling uses.
   
   Nuisance means:
   1. (a) Any public nuisance known as common law or in equity jurisprudence, or as provided by state law or this Code.
   2. (b) Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building, or upon an unoccupied lot. The term "attractive nuisance" includes, but is not limited to, abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, 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 minors.
   3. (c) Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the condition exists.
   4. (d) Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this Code.
   5. (e) Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings.
   6. (f) Fire hazards.
   Operator means any person who has charge, care, or control of premises, or a part thereof, whether with or without the knowledge and consent of the owner.
   
   Owner means any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or shall have charge, care or control of premises, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, receiver, or guardian of the estate, or as a mortgagee in possession either by virtue of a court order or by voluntary surrender by the person holding the legal title. Any person who is a lessee subletting or reassigning any part or all of any premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by the lessee.
   
   Plumbing means 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, bathtubs, shower baths, installed clothes washing machines, catchbasins, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines and water pipes and lines utilized in conjunction with air conditioning equipment.
   
   Premises means a lot, plot, or parcel of land including the buildings or structures thereon.
   
   Refuse means all putrescible and non-putrescible solid wastes (except body wastes), including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes. (Also see Garbage and Rubbish.)
   
   Registered mail means registered mail or certified mail.
   
   Room means space in an enclosed building or space set apart by a partition.
   
   Rubbish means non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials. (Also see Garbage and Refuse.)
   
   Sanitary sewer means any sanitary sewer owned, operated, and maintained by the city and available for public use for the disposal of sewage.
   
   Sewage means 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.
   
   Story means 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. If the finished ceiling level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.
   
   Structure means a combination of any materials, whether fixed or portable, forming a construction, including buildings.
   
   Washroom means an enclosed space containing one or more bathtubs, showers, or both, and which shall also include toilets, lavatories, or fixtures serving similar purposes.
   
   Water closet compartment means an enclosed space containing one or more toilets which may also contain one or more lavatories, urinals, and other plumbing fixtures.
   
   Weathering means deterioration, decay, or damage caused by exposure to the elements.

(Code 1972, § 4-602; Code 1995, § 12-602)