§ 8.22.030. Definitions.

The following definitions will be used in this ordinance unless the context otherwise requires:

Abandoned structure. Any structure:

(1)

That has been vacant or substantially vacant for a period of 12 months or more; or

(2)

That has been vacant for any period of time creating an attractive nuisance, a health hazard, an imminent hazard or an incipient hazard.

Abandoned vehicle. Any vehicle:

(1)

That has been left unattended and dangerously close to a travel lane on a city street, highway or road so as to possibly impede traffic; or

(2)

Which reasonably appears to have been discarded and has not been moved or used for more than three consecutive days. [Reference NRS 487.210]

Aerosol paint container. Any aerosol container, regardless of the material from which it is made, which is adopted or made for the purpose of spraying paint or other substance capable of defacing property.

Antique old timer vehicle. Any vehicle entitled to be registered with the Nevada Department of Motor Vehicles as an "old timer" as a model manufactured more than 40 years before the date of application for registration. [Reference NRS 283.381]

Blight. Any condition which substantially impairs the livability or community appearance, or the safe, social or economic conditions of the community.

Boarded. Secured against entry by apparatus which is visible off the premises and is not both lawful and customary to install on occupied structures.

Building. Any structure used or intended for supporting or sheltering any use or occupancy.

Brush. Shrubs or growth which present or may present a blight, safety or fire hazard.

Chronic nuisance . Means the existence of any of the following conditions:

(1)

When three or more nuisance activities exist or have occurred during any 30-day period on a property;

(2)

When a person associated with the property has engaged in three or more nuisance activities during any 30-day period on the property or within 100 feet of the property;

(3)

When the property has been the subject of a search warrant based on probable cause of continuous or repeated violations of NRS chapter 459; or

(4)

When a building or place is used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043.

Classic rod. Any passenger car or light commercial vehicle entitled to registration with the Nevada Department of Motor Vehicles as a "classic rod" which:

(1)

Has a manufacturer's rated carrying capacity of one ton or less; and

(2)

Was manufactured not earlier than 1949, but at least 20 years before the date of application for registration. [Reference NRS 283.3814]

Classic vehicle. Any passenger car or light commercial vehicle entitled to registration with the Nevada Department of Motor Vehicles as a "classic vehicle" which:

(1)

Has a manufacturer's rated carrying capacity of one ton or less;

(2)

Was manufactured at least 25 years before the date of application for registration; and

(3)

Contains only the original parts which were used to manufacture the vehicle or replacement parts that duplicate those original parts. [Reference NRS 283.3816]

Criminal activity. Any activity punishable as a misdemeanor under the Reno Municipal Code or as a misdemeanor, gross misdemeanor or felony under NRS title 15, or which is in violation of any federal law.

Debris. Substance of little or no apparent economic value, which may be present in a state of apparent unpremeditated disarray.

Dangerous building. Any building or structure which has any or all of the conditions or defects as specified in the International Property Maintenance Code, International Building Code or the International Fire Code, as those codes may be amended from time to time, provided that such conditions or defects exist to the extent that life, health, property or safety of the public or its occupants are endangered.

Dwelling. Any building or portion thereof which contains not more than two dwelling units.

Dwelling unit. Any building or portion thereof which, provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation as defined in the International Property Maintenance Code.

Enforcement official. Shall have the meaning set forth in section 1.05.020 of the Code.

Excavation. Wells, shafts, basements, cesspools, septic tanks, swimming pools, fish ponds, and other like or similar conditions more than six inches in diameter and three feet in depth.

Exterior opening. An open or closed window, door, or passage between interior and exterior spaces.

Facilities/building, service and equipment. Plumbing, piping and/or fixtures that convey or dispose of liquid waste and gas, electric wiring components and/or fixtures, mechanical heating/cooling equipment, duct work and/or fixtures.

Fences, fencing screen walls and/or retaining walls. Self-standing structures designed to provide semi-privacy, security, or bank retention between grade separations.

Garbage. Swill, offal, and any accumulation of animal, vegetable or other matter associated with the preparation, handling, consumption, storage or decay of plant and animal matter including meats, fish, fowl, buds, fruits, vegetable or dairy products and the waste wrappers or containers thereof and filthy or odoriferous objects.

Garage sale. A sale from a residence or residential property of personal property which has been owned or used previously by an individual. A yard, patio, or tag sale shall be included within the definition of "garage sale."

Graffiti. Unauthorized markings, such as initials, slogans, inscriptions, figures, marks or drawings commonly known and referred to as graffiti, written, spray-painted, etched or sketched on a sidewalk, wall, building, fence, sign, or any other public or private surface or property, including vehicles. [Reference NRS 268.4075]

Graffiti materials. Materials used to facilitate the placement of graffiti, as defined above, including but not limited to, aerosol paint containers, aerosol paint container tips, broad-tipped markers with a width greater than one-quarter-inch, paint sticks, graffiti sticks, engraving devices, and etching tools, or any other implement capable of marking on and/or scarring glass, metal, concrete or wood.

Hazardous waste. Any waste or combination of wastes, including solids, semisolids, liquids or contained gases, which:

(a)

Because of its quantity or concentration or its physical, chemical or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitation illness; or

(2)

Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management.

(b)

Is identified as hazardous by the health department as a result of studies undertaken for the purpose of identifying hazardous wastes.

The term includes, among other wastes, toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise. [Reference NRS 459.430]

Health hazard, hazardous condition and/or dangerous condition. The presence of any item(s) or condition which adversely impact or jeopardize the well being or health of an individual. Such items may be inclusive of human/animal waste, medical or biological waste, sharp, gaseous or combustible materials, radioactive waste, dangerous and/or corrosive chemicals/liquids, flammable and/or explosive materials, friable asbestos, offal and decay matter, and any other condition constituting a health hazard under the Nevada Revised Statutes. In addition, evidence of occupancy without adequate facilities as required by the International Property Maintenance Code, shall be considered an imminent health hazard, hazardous condition and/or dangerous condition.

Horseless carriage. Any vehicle entitled to registration with the Nevada Department of Motor Vehicles as a "horseless carriage" which is a model manufactured during or before 1915. [Reference NRS 283.380]

Imminent hazard. Condition of property, including real property, that places a person's life, health, or property in high risk of peril when such condition is immediate, impending, or on the point of happening and menacing.

Incipient hazard. Condition of property, including real property, that can become an imminent or health hazard if further deterioration occurs that can cause unreasonable risk or death or severe personal injury.

Infestation. The apparent presence of damaging, or unhealthful insects, rodents, or reptiles.

Inoperative vehicle. Any motor vehicle which is inoperative:

(1)

Cannot be moved under its own power; or

(2)

Cannot be operated lawfully on a public street or highway due to removal of, damage to, or deterioration of, or inoperative condition of any component part; or

(3)

Lacks an engine, transmission, wheels, tires, doors, windshield or windows or, any other component part necessary for movement or lawful operation.

Interior furnishings. Items created or built to be used in the interior of a home. Such items include sofas, kitchen furniture, toilets, bathtubs, futons, sinks, televisions, and other types of furniture or fixtures. This does not include outdoor or lawn furniture.

Junk vehicle. A vehicle, including component parts which:

(1)

Has been ruined, wrecked, or dismantled; or

(2)

Is unfit for further use in accordance with the original purpose for which it was constructed; or

(3)

Is not registered with the Nevada Department of Motor Vehicles and has value principally as scrap which does not exceed $200.00.

Litter. Rubbish which is non-decaying, decaying or solid and semi-solid wastes, including but not limited to, both combustible and noncombustible wastes, such as paper, trash, cardboard, waste material, tin cans, yard clippings, wood, glass, bedding, or debris, scrap paving material, discarded appliances, discarded furniture, bedding, dry vegetation, weeds, dead trees and branches, overgrown vegetation and trees which may harbor insect or rodent infestations or may become a fire hazard, piles of earth mixed with any of the above or any foreign object, including junk or abandoned vehicles, without regard to value.

Occupant. Legal entity that, through rights of ownership, rental, or residence, has the use and enjoyment of the subject real property for residential or commercial purposes.

Owner. Means any person having a legal or equitable interest in real property within the city. For purposes of providing notice under this chapter to an owner of real property, the term also includes any agent or representative of the owner, or any person who acts as a manager or collects rents regarding that property.

Paint stick or graffiti stick. A device containing a solid form of paint, chalk, wax epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-sixteenth of an inch in width.

Paved surface. As used in this chapter any asphalt, concrete or other reasonably improved surface with a minimum depth of three inches. As used herein, a reasonably improved surface must effectively mitigate dust, erosion and run-off as well as provide a reasonably strong, compacted, and smooth surface suitable for use by vehicles.

Person associated with property. Means a person who, on the occasion of a nuisance activity, has:

(1)

Entered, patronized or visited;

(2)

Attempted to enter, patronize or visit; or

(3)

Waited to enter, patronize or visit,

a property or a person present on the property.

Polluted water. As used in this chapter, any water which contains bacterial growth, remains of garbage, refuse, debris, papers, and any other foreign matter or material which constitutes an unhealthy or unsafe condition.

Pond/pool. An in-ground body of water that is at least 18 inches deep and eight feet or greater in any dimension. Ponds that meet these conditions are subject to the provisions of this ordinance.

Premises. Land and the buildings or structures upon it.

Property. Any real property, real estate, land, lot, or part of real property, real estate, land or lot.

Property manager. A legal entity with the authority and ability to make emergency repairs and with the responsibility to:

(1)

Oversee the property and the maintenance of the property; and

(2)

Represent the owner's interest.

Public nuisance, nuisance, or nuisance activity. Means any of the following conditions:

(1)

An unsafe or dangerous building;

(2)

Unoccupied buildings or unoccupied structures with boarded-up windows or entryways that have been opened and unsecured, or windows without opaque coverings or entryways without boards for more than ten calendar days;

(3)

Buildings or structures where more than 25 percent of the exterior of the building was damaged or destroyed and is left in such condition for more than ten calendar days;

(4)

Buildings, property, or structures in a state of partial unprogressing construction for more than 90 days;

(5)

Property, buildings, structures or premises with barricades, fencing, screen walls or retaining walls which are not of sound condition, damaged or in disrepair;

(6)

Unoccupied buildings or unoccupied structures where exterior lighting is less than one footcandle of light at ground level around the exterior of the building, and unoccupied commercial properties not providing the minimum one footcandle of light on site;

(7)

Property, buildings, structures or premises where dead plants, dead materials, overgrown weeds, brush, and debris have not been removed for a period of more than ten days;

(8)

Property, buildings, structures or premises which display dilapidation, disrepair, structural defects or unsightly appearances that constitute a blight to adjoining property, the neighborhood or the city;

(9)

Property, buildings, structures or premises which contain debris, scrap material, garbage, hazardous waste, a health hazard, a dangerous condition, an imminent hazard, an incipient hazard, infestation, litter, rubble or overgrown vegetation that constitute a blight to adjoining property, the neighborhood or the city, or a health, safety or fire hazard;

(10)

Wells, shafts, basements, cesspools, septic tanks, swimming pools, recreational/architectural pools, ponds and other like or similar excavations where it appears that such are abandoned or not maintained or secured or unattended;

(11)

Graffiti capable of being viewed by a person using any public area or right-of-way in the city;

(12)

Any obstruction including vegetation, which may endanger, in any way, the security or usefulness of or any access to any street, utility line (above or underground), sewer or public place;

(13)

Any vegetation located anywhere within the city which is determined by the director of parks, recreation and community services or his/her designee to be afflicted with any dangerous and infectious insect infestation or plant disease;

(14)

Any tree of all species and varieties of Ulmus, Zelkova, and Planera infected with the fungus Certostomella ulmi, as determined by laboratory analysis conducted at the direction of the director of parks, recreation and community services or his/her designee, located anywhere within the city;

(15)

Any tree which is in a dead or dying condition located anywhere in the city, that may serve as a breeding place for any infectious insects or disease or is a dangerous condition for surrounding persons or property;

(16)

Any property on which a swimming pool, pond, stream or other body of water is abandoned, unattended, unfiltered or not otherwise maintained, resulting in the water becoming polluted or becoming or likely to become a breeding area for insects;

(17)

Any property whereon any condition or object obscures the visibility of a public street intersection to the public so as to constitute a hazard, including but not limited to vegetation, signs, posts or equipment;

(18)

Any criminal activity occurring at any building or premises;

(19)

A building or place used for the purposes of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043; or

(20)

Any garage sale which exceeds the following limitations:

(a)

No more than four garage sales shall be conducted on premises per calendar year;

(b)

No garage sale shall be conducted for longer than 48 hours consecutively;

(21)

Parking in front of the front building line of single-family residential dwellings except:

(a)

On paved standard driveway areas; or

(b)

Upon a paved surface as defined in this chapter which is directly adjacent to the approved driveway and the nearest property line with its access made through the approved driveway approach without driving over required landscape;

(22)

Using any mobile home, recreational vehicle or vehicle for sleeping purposes outside of a mobile home park, mobile home subdivision or recreational vehicle park;

(23)

The display of any vehicle for the purpose of sale or lease upon any vacant lot or unimproved portion of a public right-of-way; (Per NRS 482.548);

(24)

Any shopping cart upon any public property or any private property, other than the premises at which the shopping cart owner provides such shopping cart for use by customers;

(25)

Any area, structure, or object which by its nature, location, or character would tend to attract and endanger the safety of any minor person;

(26)

Unreasonably creating, allowing, or engaging in any activity, conduct, or use of property that subjects a person or neighborhood to noise which is likely to disturb the peace of persons of reasonable and ordinary sensibilities;

(27)

Any violation of conditions or requirements set forth in the International Fire Code, International Building Code, International Property Maintenance Code, Washoe County Solid Waste Management Code, or any other Reno Municipal Code or Washoe County Code or the Nevada Revised Statutes.

Recreational architectural pool. A constructed (above-ground) or excavated (below-ground) exterior area designed to contain a regular supply of water.

Responsible party. Shall have the meaning of responsible person set forth in section 1.05.020 of the Code.

Rubble. Broken fragments resulting from the decay or destruction of a building, or miscellaneous mass of broken or apparently worthless materials.

Sound condition. Able to support itself under reasonable loading or weather conditions, free from decay or defect.

Scrap material. Fragments of discarded or leftover wood, plastic, metal, or other types of fragmented material. Neatly stacked firewood shall not be considered scrap material.

Street rod. Any passenger car or light commercial vehicle entitled to registration with the Nevada Department of Motor Vehicles as a "street rod" which:

(1)

Has a manufacturer's rated carrying capacity of one ton or less; and

(2)

Was manufactured not later than 1948. [Reference NRS 482.3812]

Structure. That which is built or constructed, or an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.

Swimming pool. Artificial basin, chamber, or tank constructed and used, or designed to be used for swimming, diving, bathing or wading.

Unauthorized. Without the prior permission or consent of the property owner or responsible party.

Unregistered vehicle. Any vehicle or component thereof on which there is not display evidence of current registration with the Nevada Department of Motor Vehicles or current registration with a similar agency of another state.

Unsafe building. Buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which, in relation to existing use, constitute a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment as specified in the Reno Municipal Code, International Property Maintenance Code, International Building Code, International Residential Building Code, International Fire Code or Nevada Revised Statutes.

Unsecured structure, property, or premises. Any structure, property, or premises, that is vacant with a damaged or open door, window or other exterior opening not secured in accordance with the city's standards to prevent unauthorized entry; or any property easily accessible to the public, or to animals.

Vegetation. Plants of any kind.

Vehicle. A piece of mechanical equipment intended for the conveyance or temporary housing of persons or personal property or parts thereof including, but not limited to, automobiles, trucks, boats, campers, camper shells, vans, motor homes, converted buses and similar vehicles.

Weeds. A useless and troublesome plant of negligible or no value and usually of uncontrolled growth.

(Ord. No. 6448, § 1, 1-10-18)