(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASEMENT. A portion of a building located partly underground, but having less than two-thirds of its floor-to-ceiling height below the average grade of the adjoining ground.
BUILDING COMMISSIONER. The Deputy Town Marshal.
CELLAR. A portion of a building located partly or wholly underground, and having two-thirds or more of its clear floor-to-ceiling height below the average grade of the adjoining ground.
DWELLING. Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that “temporary housing” as hereinafter defined shall not be regarded as a DWELLING. DWELLING shall be construed as though followed by the words “or any part thereof.”
DWELLING UNIT. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating. DWELLING UNIT shall be construed as though followed by the words “or any part thereof.”
EXTERMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials which may serve as their food, by poisoning, spraying, fumigating, trapping or by other recognized and legal pest elimination methods approved by the Health Officer or Building Commissioner.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE ROOM. A room or other enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes; excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.
HEALTH OFFICER. The Health Officer of the town.
INFESTATION. The presence within or around a dwelling of any insects, rodents or other pests.
MULTIPLE DWELLING. Any dwelling containing more than two dwelling units.
OCCUPANT. Any person more than one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.
OPERATION. Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are offered for rent.
ORDINARY MINIMUM WINTER CONDITIONS. The temperature which is 15°F above the lowest recorded temperature for the previous ten-year period.
OWNER. 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; provided, however, that whenever the dwelling or dwelling unit is subject to a conditional sales contract, lease with option to purchase, or any other form of written contract under the terms of which any person is entitled to a conveyance of legal title upon payment of a specified sum, the term OWNER shall mean the person who shall have the contractual right, rather than the person who is holding legal title; or
(b) Shall have charge, care or control of any dwelling or dwelling unit as executor, executrix, trustee, receiver or guardian of the owner as defined in division (1) above. Any person thus representing the actual owners shall be bound to comply with the provisions of this Minimum Housing Code to the same extent as if he or she were the owner. Any person acting as the agent of the owner shall not be construed to be the owner within the terms of this Minimum Housing Code, but shall be bound to notify the owner, by means of a registered letter addressed to the owner at his or her last known address, of any order or notice to be issued by the Health Officer or Building Commissioner relating to the property of the owner.
PLUMBING. All of the following supplied facilities and equipment; gas pipes; gas burning equipment; water pipes; garbage disposal equipment; waste pipes; water closets; sinks; installed dishwashers; lavatories; bathtubs; shower baths; installed clothes-washing machines; catch basins; drains; vents; and any other supplied fixtures together with all connections to water, sewer or gas lines.
PREMISES. Shall be construed as though followed by the words “or any part thereof.”
ROOMING HOUSE. Any dwelling or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to five or more persons who are not husband or wife, sister or brother, son or daughter, father or mother of the owner or operator. ROOMING HOUSE shall be construed as though followed by the words “or any part thereof.”
ROOMING UNIT. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes. ROOMING UNIT shall be construed as though followed by the words “or any part thereof.”
RUBBISH. Combustible or noncombustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, leaves, tin cans, metals, mineral matter, glass, crockery or dust.
SUPPLIED. Paid for, furnished or provided by, or under the control of the owner or operator.
TEMPORARY HOUSING. Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than 30 consecutive days.
(B) Conflict with other regulations.
(1) In any case where a provision of this Minimum Housing Code is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the town existing on the effective date of this Minimum Housing Code, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this Minimum Housing Code is found to be in conflict with a provision of any other ordinance or code of the town existing on the effective date of this Minimum Housing Code, which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this Minimum Housing Code shall be deemed to prevail, and other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict of this Minimum Housing Code.
(2) If any section, division, paragraph, sentence, clause or phrase of this Minimum Housing Code should be declared invalid for any reason whatsoever, the decision shall not affect the remaining portions of this Minimum Housing Code, which shall remain in full force and effect; and to this end the provisions of this Minimum Housing Code are hereby declared to be severable.
(Prior Code, § 177.10) (Ord. 2000-17, passed 10-2-2000)