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For the purposes of this Chapter, the following words and phrases shall have the following meanings unless a different meaning is plainly required by their context.

(1) “Agent” means any person acting for the owner of, or in charge of real property abutting a public street right-of-way upon which is located a sidewalk clearance area or a pedestrian clearance area.

(2) “New Construction” means all construction of new buildings for which the City issues building permits after January 1, 1988, but does not include remodeling of buildings after January 1, 1988, if the square footage as measured at the perimeter of a building is not increased by such remodeling.

(3) “Owner” means the person in actual control of real property abutting a public street right-of-way upon which is located a sidewalk clearance area or a pedestrian clearance area, when such control is based on legal or equitable title entitling the owner to possession of the real property abutting a public street right-of-way upon which is located a sidewalk clearance area or a pedestrian clearance area.

(4) “Pedestrian Clearance Area” means an area within a public street right-of-way which does not have a sidewalk clearance area. The pedestrian clearance area is described as that area which is contiguous and parallel to the street side of a curb or the edge of the paved surface of a street which extends at a right angle therefrom away from the center of the street for a distance of five feet or to the edge of the street right-of-way whichever is less and is bounded: (a) on the street side of a curb or the edge of the paved surface by a line extending vertically upward seven feet above the curb or the edge of the paved surface of a street; (b) thence on the top by a line which is seven feet vertically above grade at all points and which begins at the terminus of the line described in (a) and extends perpendicularly away from the centerline of the street a horizontal distance of five feet or to the edge of the street right-of-way whichever is less; (c) thence on the side farthest from the center of the street by a line extending vertically downward from the end of the line described in (b) to the ground surface below; (d) thence on the bottom by a line extending from the end of the line described in (c) along the natural or graded surface of the ground toward the center of the street and the beginning of the line described in (a).

(5) “Person” means any individual, partnership, corporation, firm, the state or any department, agency, or subdivision thereof, or any other entity.

(6) “Property boundary” means the line of legal ownership exterior to any enclosed structure at ground surface, which separates the real property owned, rented, or leased by one or more persons from that owned, rented, or leased by one or more other persons, and its vertical extension. The property boundary of multi-family units including, but not limited to, duplexes, triplexes, apartment houses, and condominiums shall include the walls, ceilings, and floors of each unit.

(7) “Sidewalk Clearance Area” means an area seven feet in height above the surface of a paved sidewalk located in a public street right-of-way which area is bounded on each of the two vertical sides by vertical lines extended upward from the surface of the sidewalk at its innermost and outermost edge from the center of a paved street for a distance of seven feet. (Ord. 87-39 §1, 1987).