§ 2-9-103. Definitions.

(a)

When used in sections 2-9-101—2-9-109, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

(1)

Administrative official means the official who is charged with the administration and enforcement of sections 2-9-101—2-9-109 designated by the county administrator.

(2)

Altered or alteration means any change or modification in the construction or occupancy of any structure or building.

(3)

Appurtenant structure means any structure or building subordinate to and not an integral part of the principal structure or building.

(4)

Boat is synonymous with vessel and means a motor or artificially propelled vehicle and every other description of watercraft, whether motor-propelled or not, including personal watercraft, barges and air boats, other than a seaplane on the water, used or capable of being used as a means of transportation on water irrespective of whether the propulsion equipment is in actual operation.

(5)

Building shall have the meaning set forth in the building code.

(6)

Building code means the Florida Building Code, as amended.

(7)

Building official shall have the meaning set forth in Section 468.603, Florida Statutes, as amended.

(8)

Certificate of occupancy or certificate of completion means an official document evidencing that a structure or building meets the requirements of the building code for the occupancy of the structure or building.

(9)

Clean means free from dirt, contamination or pollution, or to rid of dirt, impurities, or extraneous matter or materials.

(10)

Code enforcement officer means any authorized agent or employee of the county whose duty it is to assure code compliance.

(11)

Commercial vehicle means any motor vehicle that meets one of the following criteria:

a.

Is designed, altered or used primarily for business, institutional or non-profit organizational purposes;

b.

Has a platform, cabinet, box, rack, compartment or other facility for transportation of materials, equipment and items other than the personal effects of private passengers or for carrying passengers for hire;

c.

Conspicuously displays the name or other advertising of the business, agency, or organization on the exterior thereof, resulting in a total of more than six (6) feet of sign area on the vehicle;

d.

Is designed to carry passengers for hire; or

e.

Is a truck tractor and dump truck.

Commercial vehicle shall not be deemed to include any mobile home or recreational vehicle.

(12)

Construction means man-made change to improved or unimproved real estate, which includes but is not limited to structures or buildings.

(13)

County means Manatee County, Florida.

(14)

County administrator means the county administrator of Manatee County.

(15)

Debris means material which is stored externally, exposed to the elements and is not otherwise enclosed by a roof. This definition includes, but is not limited to, the following: indoor furniture; discarded household items; inoperative or discarded machinery, automobiles or appliances; refuse, rubbish, trash or junk; and used, scrap or discarded lumber, pipe, steel, plumbing fixtures, insulation or other building materials.

(16)

Deterioration means to weaken, disintegrate, corrode, rust, decay or lose effectiveness.

(17)

Easement means an interest in land or property reserved for present or future use by a person or agency other than the legal fee owner of the property.

(18)

Exterior property means the open space on the premises and on adjoining property under the control of the owner or operator of such premises.

(19)

Garage sale means the sale of used household or personal articles, such as furniture, tools or clothing, held on residential property for a limited time.

(20)

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and/or consumption of food, including waste food containers of any type.

(21)

Good condition means the state or condition of a structure or portion thereof, or any part, component, assembly or system of a structure or building maintained to function for the intended purpose as originally manufactured, designed, installed or constructed.

(22)

Graffiti means writing or drawings scribbled, scratched, painted or sprayed illicitly on a structure, building, wall, fence or other surface.

(23)

Guard means a building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

(24)

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

(25)

Inoperable vehicle means a motor vehicle which cannot be driven upon the public streets for any reason, including but not limited to, failing to properly display a license plate or being untagged, unlicensed, unregistered, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

(26)

Land Development Code means the Manatee County Land Development Code.

(27)

Let for occupancy or let means to permit, provide or offer possession or occupancy of a premises, structure or building 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 or contract for the sale of land.

(28)

Lot means a single or continuous plot, parcel or tract of land all of which is developed or built upon as a unit under single ownership throughout and defined by boundaries or lot lines ascertainable by recorded deed or plat. This definition shall not include individual units under condominium ownership.

(29)

Marine cargo container shall have the meaning set forth in Section 192.032, Florida Statutes, as amended.

(30)

Mobile home shall have the meaning set forth in Section 513.01, Florida Statutes, as amended.

(31)

Motor vehicle shall have the meaning set forth in Section 316.003, Florida Statutes, as amended.

(32)

Neglect means the lack of proper maintenance for a structure or building.

(33)

Nonresidential means any property, structure or building occupied for any purpose other than living, sleeping, eating and cooking. Nonresidential includes, but is not limited to, commercial, industrial and institutional.

(34)

Nuisance condition means any nuisance as defined by law, or any attractive nuisance which may be detrimental to the health or safety of children whether in a structure or building, on the premises of a structure or building, or upon an unoccupied lot. This definition includes, but is not limited to, the following:

a.

Abandoned well, shaft, basement, excavation, unclean swimming pool or spa, icebox, refrigerator, or motor vehicle;

b.

Structurally unsound structure or fence;

c.

Unsecured structure;

d.

Lumber, trash or debris which may prove a hazard for minors;

e.

Unsanitary condition 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;

f.

Physical condition, including, but not limited to, old, dilapidated or abandoned scrap or metal, paper, building materials or equipment, bottles, glass, appliances, furniture, rags, rubber, motor vehicles or parts thereof;

g.

Physical condition posing a fire hazard;

h.

Physical condition posing a hazard including, but not limited to, dead or damaged trees; or

i.

Graffiti.

(35)

Occupancy means any structure or premises, or portion thereof, which is owned, leased, rented or otherwise occupied for a specific purpose.

(36)

Occupant means any individual occupying a structure or building, or otherwise residing, inhabiting, congregating, working in or having possession of a space within a structure or building.

(37)

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

(38)

Ordinary repairs and maintenance means any work to maintain or minor repairs of a non-structural nature.

(39)

Outdoor sale means the buying, selling or trading of any goods or commodities and/or storage of the same prior to sale or exchange on any premises.

(40)

Owner means any person, agent, operator, firm or corporation having a legal or equitable interest in property; or recorded in the official records of the county as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

(41)

Permit means an official document authorizing performance of a specific activity regulated by the issuing authority or agency.

(42)

Person means an individual, corporation, partnership or any other group acting as a unit.

(43)

Portable means capable of being carried or moved about.

(44)

Portable storage unit means any container designed for the storage of personal property that is typically rented to an owner or occupant for temporary use and that may be delivered and removed by motor vehicle.

(45)

Premises means any lot, plot or parcel of land, or easement, including any structure or building thereon.

(46)

Private swimming pool shall have the meaning set forth in the building code.

(47)

Property means all improved or unimproved land.

(48)

Public swimming pool shall have the meaning set forth in the building code.

(49)

Recreational vehicle shall have the meaning set forth in Section 513.01, Florida Statutes, as amended.

(50)

Required yard shall have the meaning set forth in the Land Development Code.

(51)

Resident means a person who occupies any premises, structure or building for the purpose of living, sleeping, eating or cooking.

(52)

Residential means any property, structure or building occupied for living, sleeping, eating or cooking. Residential includes, but is not limited to, single-family, duplex and multi-family.

(53)

Residential outdoor storage means outdoor storage on residential property.

(54)

Restricted vehicle means any vehicle that meets one of the following criteria:

a.

Recreational vehicle;

b.

Any other vehicle in which the interior contains facilities for any two (2) or more of the following personal needs: sleeping, food preparation or toilet;

c.

Boat of any size, regardless of whether the boat rests on a trailer or other supporting structure, except when docked in a navigable waterway or suspended from a davit immediately adjacent to a navigable waterway;

d.

Trailer or other vehicle which is not self-propelled and which is designed to be moved by another vehicle which is self-propelled; or

e.

Swamp buggy.

(55)

Rubbish means combustible and non-combustible waste material other than garbage.

(56)

Safe means free from apparent harm or risk or from threat of danger, harm or loss.

(57)

Sanitary means characterized by or readily kept in cleanliness for the protection of health.

(58)

Secure means free from danger or risk of loss.

(59)

Semitrailer shall have the meaning set forth in Section 316.003, Florida Statutes, as amended.

(60)

Setback shall have the meaning set forth in the Land Development Code.

(61)

Sidewalk shall have the meaning set forth in Section 316.003, Florida Statutes, as amended.

(62)

Skylight means an opening through the roof and ceiling to admit light to a room, including the window portion therein.

(63)

Stairway means one or more flights of stairs and the necessary landings and platforms which form a continuous and uninterrupted passage from one story to another attached to the exterior of a structure or building.

(64)

Story means that portion of a structure or building included between the upper surface of any floor and the upper surface of the floor next above.

(65)

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

(66)

Swamp buggy shall have the meaning set forth in Section 316.003, Florida Statutes, as amended.

(67)

Swimming pool shall have the meaning set forth in the building code.

(68)

Tenant means a person, corporation, partnership or group, whether or not the legal owner of record, occupying a structure, building or portion thereof.

(69)

Tow truck means any truck or other vehicle which is used to tow, carry or otherwise transport motor vehicles or vessels upon the streets and highways of this state and which is equipped for that purpose with a boom, winch, car carrier or other similar equipment.

(70)

Trailer shall have the meaning set forth in Section 316.003, Florida Statutes, as amended.

(71)

Unsafe structure or unsafe building shall have the meaning set forth in Chapter 2-6, article II, Manatee County Code of Ordinances.

(72)

Vehicle shall have the meaning set forth in Section 316.003, Florida Statutes, as amended.

(73)

Violator means any person who fails to comply with the requirements of sections 2-9-101—2-9-109. This definition may include, but is not limited to, the owner, operator, occupant, tenant or any other person causing or otherwise responsible for the violation.

(74)

Visibility triangle means an area of a lot or parcel where development is restricted adjacent to the intersection of streets with other streets or driveways to allow for vehicular visibility.

(75)

Waste means sewage, industrial waste and all other liquid, gaseous, solid, radioactive or other substances which may pollute or tend to pollute any real property or waters.

(76)

Watercraft means a vehicle, vessel or craft designed to move across or through water.

(77)

Weatherproof means able to withstand exposure to weather without damage or loss of function.

(78)

Weathertight means able to exclude wind or rain under normal conditions.

(79)

Yard shall have the meaning set forth in the Land Development Code.

(b)

Words not defined in sections 2-9-101—2-9-109 shall have the meanings stated in the Manatee County Land Development Code, Florida Building Code or Webster's current New Collegiate Dictionary, as revised.

(Ord. No. 15-10, § 3, 4-2-15)