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Except where specifically defined in this section, all words used in this chapter shall carry their customary meanings. The word “shall” is always mandatory, and the word “may” denotes a use of discretion in making a decision. The following words and phrases used in this chapter shall have the following meanings:

(1) “Abate” means to repair, replace, remove, destroy, demolish, board up, or otherwise remedy a condition which constitutes a civil violation by such means, in such a manner, and to such extent as the mayor, city building official, city code enforcement officer, or his or her designee determines is necessary in the interest of the general health, safety, and welfare of the community.

(2) “Code enforcement officer” means the city code enforcement officer, the city building official, and all other city officials designated by ordinance or by the mayor for purposes of enforcing the regulations subject to the provisions of this chapter.

(3) “Emergency” means a situation or civil violation which, in the opinion of the city building official, mayor, or his or her designee, requires immediate action to prevent or eliminate an imminent threat to the public health, safety, or welfare of persons or property.

(4) “Hearing examiner” means the Electric City hearing examiner and the office thereof established pursuant to the Electric City Municipal Code.

(5) “Omission” means a failure to act.

(6) “Person” means and includes individuals, firms, partnerships, corporations, and all associations of natural persons, whether acting by themselves or by an agent or employee.

(7) “Person responsible for violation” means either the person who caused the violation and/or the owner, lessor, tenant, or other person entitled to control, use, and/or occupy property where a civil code violation occurs.

(8) “Public nuisance” is an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

(a) Annoys, injures, or endangers the safety, health, comfort or repose of one or more persons;

(b) Offends public decency;

(c) Unlawfully interferes with, obstructs, tends to obstruct, or renders dangerous for passage a public park, street, sidewalk, alley, highway or other public area; or

(d) In any way renders one or more persons insecure in life or the use of property.

(9) “Regulation” means and includes all of the code provisions, ordinances, standards, regulations, procedures, terms and/or conditions specified under ECMC 1.25.040.

(10) “Violation” means:

(a) An act or omission contrary to any city regulation that promotes or protects the public health, safety, or welfare or the use and development of land or water, whether or not the regulation is codified; and/or

(b) An act or omission contrary to the conditions of any permit, notice and order, or stop work or other order issued pursuant to any such regulation. (Ord. 529 § 1, 2018)