§ 22-229. Definitions.

When used in this Code, the following terms shall have the following meanings, unless the content clearly otherwise requires:

1.

ACCESSORY USE OR STRUCTURE — a use or structure of a nature customarily incidental and subordinate to the principal use or structure, and, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory structure.

2.

ATTIC — any story situated wholly or partly in the roof, so designated, arranged or built to be used for storage or uninhabitable space.

3.

BOARD — Board of County Commissioners of Collier County, Florida.

4.

BOARDING — the placement of plywood or some type of construction material as a temporary barrier to cover and obscure a window, storefront or access to a structure.

5.

BUILDING — a structure of any kind, which is built or constructed of parts joined together in some definite manner, which requires a fixed location on, or in the ground attached to something having a fixed location on or in the ground.

6.

BUILDING CODE — the Florida Building Code, or its successor, as amended by the Collier County Board of County Commissioners.

7.

BUILDING OFFICIAL — the individual charged with the responsibility to administrate, supervise, direct, enforce, or perform the permitting and inspection of construction, alteration, repair, remodeling, or demolition of structures and the installation of building systems to ensure compliance with the Florida Building Code.

8.

CODE ENFORCEMENT BOARD — The Collier County Code Enforcement Board created by the Collier County Code Enforcement Board Ordinance as authorized by F.S. ch. 162.

9.

CODE ENFORCEMENT INVESTIGATOR — any authorized agent, representative, or County employee designated by the Housing Official to ensure compliance and enforcement of the provisions of this Code.

10.

CONDEMNATION — the declaration by a Housing Official or designee that a property or structure is unfit for use or habitation or dangerous to person or other property pursuant to F.S. ch. 553, pt. VI, with consultation from the Fire Department, Health Department, Building Official, or other applicable agency.

11.

COUNTY MANAGER — County Manager or his designee.

12.

DANGEROUS BUILDINGS AND STRUCTURES — all buildings, dwelling units or structures which are unsafe, unsanitary, unfit for human habitation, or do not provide for adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. Additionally, any building, dwelling unit or structure that is deemed to be classified as any one of the following:

a.

A structure or dwelling unit, which, in the opinion of the Fire Inspector constitutes a fire hazard; or

b.

A structure or dwelling unit, which in the opinion of the Health Inspector, constitutes a threat to the health of its occupants or to the health of the general public by reason of the unsanitary, infectious or defective condition of said building; or

c.

A structure or dwelling unit, which in the opinion of the Building Official or designee or a Florida State Certified engineer falls below minimum structural standards; or

d.

A structure or dwelling unit, the interior walls or other vertical structure members of which list, lean or buckle to the extent that plumb line passing through its center of gravity falls outside of the middle third of its base; or

e.

A structure or dwelling unit, exclusive of the foundation, which evidences 33% or greater damage to or deterioration of the non-supporting, enclosing, or outside walls or covering; or

f.

A structure or dwelling unit existing in violation of any provision of the Building Code or any other ordinance of the County.

13.

DEBRIS — any material which is stored externally or internally and shall include, but not be limited to the following: discarded household items; inoperative or discarded machinery, automobiles or appliances; refuse, rubbish, trash or junk; used scrap or discarded lumber, pipe, steel, plumbing fixtures, insulation, and other building material.

14.

DETERIORATION — a lowering in quality in the condition or appearance of a building or parts thereof, characterized by holes, breaks, rot, cracking, peeling, rusting, mold/mildew, graffiti or any other evidence or physical decay or neglect, or excessive use, or lack of maintenance, including the landscaping and parking areas.

15.

DILAPIDATED — substantial deterioration of a building or parts thereof, such that said building, or a portion thereof, is no longer adequate for the purpose or use for which it was originally intended.

16.

DWELLING UNIT — A single unit within a building providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

17.

ELECTRICAL CODE — National Electrical Code, as it may be amended or its successor.

18.

FIRE INSPECTOR — One certified to have met the inspection training requirements by the Division of State Fire Marshall of the Department of Insurance.

19.

GARBAGE — any animals or vegetable waste resulting from the handling, preparation, cooking, and consumption of food, including food containers of any type.

20.

GAS CODE — the Building Code revisions, as may be amended or its successor.

21.

HABITABLE ROOM — a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, screen enclosures, storage or utility space, and similar areas are not considered habitable space.

22.

HEALTH INSPECTOR — the Director of the Collier County Health Department or his or her designee.

23.

HOUSING OFFICIAL — the officer charged with the administration and enforcement of this Code or a duly authorized representative or representatives. The Code Enforcement Director is hereby designated to be the Housing Official.

24.

IMPROVED PROPERTY — real property, which contains a building(s) or other structural improvements.

25.

INFESTATION — the presence within or around a structure of insects, rodents, or pests, which are detrimental to the public health, safety, and general welfare of the residents or occupants, or neighboring properties.

26.

INOPERATIVE VEHICLE(S) — vehicles or trailers of any type that are not immediately operable, used for the purpose for which they were manufactured, in need of mechanical or electrical repairs or the replacement of parts, do not meet the definition of recreational vehicle as defined in the Collier County Land Development Code, do not meet the Florida Safety Code, or does not have current valid license plates.

27.

NONRESIDENTIAL STRUCTURE — any structure that is not a residential structure. This term shall include, but is not limited to, any occupied or unoccupied structure, commercial structures or buildings, mixed use buildings or structures that include both dwelling units and office or retail combinations, and every other structure that is not a dwelling.

28.

NUISANCE — Unsanitary conditions or anything offensive to the senses or dangerous to health.

29.

OCCUPANT — any person living, sleeping, cooking or eating in, or having actual possession of a dwelling unit, within the confines of any building or structure.

30.

OPENABLE AREA — any part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

31.

OWNER — the holder of the title of property, if fee simple, and any person, group of persons, company, association or corporation in whose name tax bills on the property are issued. It shall also mean any person who, alone or jointly or severally with others: (a) shall have legal title to any dwelling unit, with or without accompanying actual possession thereof; or (b) shall have charge, of or control of any dwelling unit, as owner, personal representative, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgage or vendee in possession, or assignee of rents, lessee, or other person, firm, or corporation in control of a building; or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Code, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property, which apply to the owner.

32.

OXYGEN DEPLETION SENSING SYSTEM (ODSS) — an automatic pilot and shutoff system. Incorporates a pilot designed to be stable within narrow conditions of operation, which is designed to blow out or lift off under reduced oxygen atmospheres, resulting in gas shutoff by a companion valve.

33.

PERSON — any individual, firm, corporation, association, partnership or other entity.

34.

PLUMBING CODE — the Building Code revisions as may be amended or its successor.

35.

PREMISES — a lot, plot or parcel of land, or portion thereof, including the buildings or structures thereon.

36.

RESIDENTIAL STRUCTURES — any dwelling unit or structure where any part is used or intended to be used for living, sleeping, cooking or eating.

37.

RUBBISH — any waste material other than garbage.

38.

SKYLIGHT — an opening through the roof and ceiling to admit light to a room, including the window portion therein. The assembly may or may not have an operable section to provide ventilation.

39.

SPECIAL MAGISTRATE — an attorney designated by the Board of County Commissioners pursuant to F.S. ch. 162, who has the authority to hold hearings and assess fines against violators of Collier County Codes and Ordinances.

40.

STAIRWAYS — one or more flights or 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.

41.

STORY — that portion of a building including between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be the portion of a building, included between the upper surface of the topmost floor and the ceiling or roof above.

42.

STRUCTURE — anything constructed or erected which requires the fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including, but not limited to, fences, buildings, towers, smokestacks, utility poles and overhead transmission lines.

43.

SUBSTANDARD — any residential or commercial building or structure used as a dwelling unit which is so damaged, decayed, dilapidated, or vermin infested that it creates a hazard to the health or safety of the occupants/public. Any such unit which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants/public shall be considered to be unsafe, and unsanitary, as well as unfit for human habitation and therefore substandard, except that it shall not be deemed substandard if built and maintained in accordance with the building code at the time of construction.

44.

VENTILATION — the process of supplying and removing air by natural or mechanical means to or from any structure, building or dwelling.

45.

WEATHERPROOF — able to withstand exposure to weather without damage or loss of function.

46.

WEATHERTIGHT — able to exclude wind and rain under typical local weather conditions.

47.

YARD — an open, unoccupied space on the same lot with a building, structure or dwelling.

48.

ZONING ORDINANCE — the Comprehensive Zoning Ordinance (or Land Development Code) for unincorporated Collier County, as it may be amended.

(Ord. No. 2010-02, § 4)