“Abandoned House” means a chronically vacant and uninhabitable unit or units, as indicated by, but not limited to, the lack of utilities or delinquent taxes, whose owner has neglected the responsibility of maintenance and physical upkeep and is taking no constructive steps to repair and bring the unit back into the housing market.

“Abandoned Lot” means a parcel of land, without a structure, whose owner has been neglecting the responsibility of physical upkeep and maintenance.

“Approved” means approved by the Chief Administrative Officer or Building Commissioner.

“Basement” means that portion of a building which is partly or completely below grade.

“Bathroom” means a room containing plumbing fixtures including a bathtub or shower.

“Building” means any structure occupied or intended for supporting or sheltering any occupancy and any accessory building in excess of 20 square feet.

“Building Code” means the building code officially adopted by the legislative body of the City of Evansville, or other such codes officially designated by the legislative body of the City of Evansville for the regulation of construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of buildings and structures.

“Building Commissioner” means the official who is charged with the administration of this code, head of the Department of Buildings and appointed by the Mayor or his/her designees.

“Chief Administrative Officer (Department of Code Enforcement)” means the official who is charged with the administration of this code, the Executive Director of the Department of Metropolitan Development and appointed by the Mayor or his/her designees.

“Code Official” means the officials who are charged with the administration and enforcement of this chapter, or any duly authorized representative.

“Condemn” means to adjudge unfit for occupancy or use.

“Construction Documents” means all the written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of the project necessary for obtaining a building permit. A representative designated by the owner shall draw the construction drawings to an appropriate scale.

"Debris" See “Trash.”

Dwellings

(1) “Dormitory” means a space in a building where group-sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group.

(2) “Dwelling Unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

(3) “Hotel” means any building containing six or more guestrooms, intended or designed to be occupied, or which are rented or hired, for sleeping purposes by guests.

(4) “Multi-unit Dwelling” means a building containing three or more units in one building.

(5) “One-family Dwelling” means a building containing one dwelling unit with not more than five lodgers or boarders.

(6) “Rooming House” means a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one-family dwelling or two-family dwelling.

(7) “Rooming Unit” means any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

(8) “Two-family Dwelling” means a building containing two dwelling units with not more than five lodgers or boarders per family.

“Exterior Property” means the open space on the premises which may include adjoining property, such as an easement or right-of-way.

“Extermination” means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.

“Family” means an individual or married couple and the children thereof with not more than two (2) other persons related directly to the individual or married couple by blood or marriage; or a group of not more than five (5) unrelated persons, living together as a single housekeeping unit in a dwelling unit.

“Fire Code” means the fire code officially adopted by the legislative body of the City of Evansville, or other such codes officially designated by the legislative body of the City of Evansville for the regulation of construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of buildings and structures.

“Garbage” means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

“Garbage Container” means a leak-proof container of 30-gallon capacity, having a tightly fitting lid and side handles of sufficient strength and size to enable the collector to easily lift and empty the container, or a 30-pound capacity bag.

“Habitable Space” means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

“Hazardous Condition” means any condition likely to cause injury to any person. It shall not mean a temporary condition caused by weather such as rain, snow or ice.

“Infestation” means the presence within or contiguous to a structure or premises of insects, rodents, vermin or other pests.

“Inspection Certificate” means an identification applied on a product by an approved agency containing the name of the manufacturer, the function and performance characteristics, and the name and identification of an approved agency, which indicates that the product or material has been inspected and evaluated by an approved agency.

“Label” means identification applied on a product by the manufacturer, which contains the name of the manufacturer, the function and performance characteristics of the product or material, and the name and identification of an approved agency, and which indicates that the representative sample of the product or material has been tested and evaluated by an approved agency.

“Let for Occupancy” or “Let” means to permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure, whether for a fee or not, by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

“Manufacturer’s Designation” means identification applied on a product by the manufacturer indicating that a product or material complies with a specified standard or set of rules (see also “Mark,” “Label,” and “Inspection certificate”).

“Mark” means identification applied on a product by the manufacturer indicating the name of the manufacturer and the function of a product or material (see also “Manufacturer’s designation,” “Label” and “Inspection certificate”).

“Occupancy” means the purpose for which a building or portion thereof is utilized or occupied.

“Occupant” means any person living or sleeping in a building or having possession of a space within a building.

“Openable Area” means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

“Operator/Manager” means any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

“Owner” means any person or other entity holding or entitled to an interest in the premises, legal, equitable or leasehold, excluding, however, a mortgagee or other lien holder; land trust trustee; and the seller under the terms of a land contract (but only if the City has been notified of the identity of the purchaser or purchasers or the land contract has been recorded in the office of the Recorder of Vanderburgh County, Indiana).

“Person” means an individual, firm, limited liability company, corporation, partnership, association, fiduciary, or any other legal entity recognized under the laws of the State of Indiana.

“Person in Control” means an individual who is an owner, tenant, representative of the owner, manager hired by the owner, or such other person who has a present possessory interest in the property.

“Plumbing Fixture” means a receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom; or discharges wastewater, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a discharge to the drainage system of the premises.

“Premises” means a lot, plot or parcel of land including any structures thereon. “Public nuisance,” for the purposes of this chapter, includes any of the following:

(1) The physical condition or occupancy of any premises regarded as a public nuisance at common law;

(2) Any physical condition or occupancy of any premises or its attached or detached structures considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;

(3) Any premises that has unsanitary sewerage or plumbing facilities;

(4) Any premises designated as unsafe for human habitation;

(5) Any premises from which the plumbing, heating or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided;

(6) Any premises that is unsanitary, or that is littered with rubbish, trash, debris or garbage, or that has an uncontrolled growth of weeds; or

(7) Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.

“Registered Design Professional” means an architect or engineer, registered or licensed to practice professional architecture or engineering, as defined by the statutory requirements of the professional registration laws of the State of Indiana.

“Rubbish” means combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, used furniture, used automobile parts, excelsior, rubber, leather, tree branches, yard trimmings, cans, metals, mineral matter, glass, crockery and dust and other similar materials.

“Structure” means that which is built or constructed or a portion thereof.

“Substantial Property Interest” means any right in real property that may be affected in a substantial way by actions authorized by this code, including a fee interest, a life estate interest, a future interest, a present possessory interest, or an equitable interest of a contract purchaser.

“Tenant” means a person or group of persons, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

“Toilet Room” means a room containing a water closet or urinal but not a bathtub or shower.

“Trash” and/or “Debris” means discarded, decayed or used materials deleterious to safety or sanitation of the occupant or public, or causing a fire hazard or rodent harborage.

“Unsecured Structure” means a unit with first floor doors, windows, voids, or a second story opening accessible by exterior stairs, which are visibly open to unlawful entry.

“Ventilation” means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

“Workmanlike” means executed in a skilled manner, e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.

“Yard” means an open space on a lot, with a structure, under the control of the occupant or owner.