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The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:

A. “Abate” means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes violation of this chapter by such means and in such a manner and to such an extent as the applicable department director determines is necessary in the interest of the general health, safety and welfare of the community.

B. “Applicable department director” means the director of the department or any designated alternate who is empowered by the city manager or by ordinance to enforce a city ordinance or regulation.

C. “Building materials” means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials.

D. “Shopping cart containment area” as required by LUC 20.10.440 – Note 39, means: (1) a location determined by the city to constitute a shopping cart containment area; (2) an area designated during permit review as a shopping cart containment area; (3) an area stipulated to by the city and wholesale or retail owner pursuant to a voluntary compliance agreement; or (4) any area designated as a shopping cart containment area through adjudication of a civil enforcement action. A shopping cart containment area may include all or a portion of the property permitted for wholesale or retail use but may not include property located outside of said permitted use areas and may not include any area designated as right-of-way.

E. “Construction debris” includes any building material used prior to, during, or after construction-related activities, which is not properly screened or is otherwise offensive to a reasonable person. For purposes of this chapter, “construction-related activities” include any development on real property as defined in LUC 20.50.016.

F. “Person” means any individual, firm, association, partnership, corporation or any other entity, public or private.

G. “Premises” means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips and any lake, river, stream, drainage way or wetland.

H. “Graffiti” means any unauthorized writing, painting, drawing, inscription, figure, or mark of any type, visible from premises open to the public, that has been placed upon any property through the use of paint, ink, chalk, dye, markers, objects, adhesive material, or any other substance capable of marking property. This definition does not include easily removable chalk markings on the public sidewalks or streets.

I. “Premises open to the public” for purposes of graffiti nuisances means all public spaces, including but not limited to streets, alleys, sidewalks, parks, and open public space, as well as private property on to which the public is regularly invited or permitted to enter for any purpose.

J. “Property” for purposes of graffiti nuisances means any real or personal property which is affixed, incidental, or appurtenant to real property, including, but not limited to, any structure, fence, wall, sign, or any separate part thereof, whether permanent or not.

K. “Unauthorized” means without the consent of the person responsible for the violation as that term is defined in BCC 1.18.020. (Ord. 6737 § 1, 2023; Ord. 5889 § 3, 2009; Ord. 5791 § 9, 2007; Ord. 4242 § 1, 1991.)