For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED. Approved by the Building Commissioner.
BASEMENT. That portion of a building which is partly or completely below grade.
BUILDING OFFICIAL. The official who is charged with the administration and enforcement of this subchapter or any duly authorized representative.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons including: permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The EASEMENT shall be permitted to be for use under, on or above a yard, premise, lot or lots.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
EXTERMINATION. The control and elimination of insects, rats, vermin, or other pests by eliminating their harborage places; by removing or making inaccessible materials that serves as their food; by poison spraying, fumigating, and trapping or by any other approved pest elimination methods.
GARBAGE or REFUSE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking, bathrooms, toilet rooms, closets, halls, porches, decks, storage or utility spaces, and similar areas are not considered HABITABLE SPACES.
IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at anytime.
INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
2011 S-13
16D Clarksville - Land Usage
INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
LET FOR OCCUPANCY, LET, RENT, OR LEASE. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.
OPERABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER.
(1) Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. OWNER also means every person, entity, service company, property manager or real estate broker, who alone or severally with others:
(a) Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, or parcel of land, vacant or otherwise, including a mobile home park;
(b) Has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including but not limited to agent, executor, executrix, administrator, administratix, trustee or guardian of the estate of the holder of legal title;
(c) Is a mortgagee in possession of any such property;
(d) Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
(e) Is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply with the provisions of these minimum standards as if he or she were the owner.
(2) However, this subchapter shall not apply to a condominium association created pursuant to IC 32-25-4 to the extent that such association forecloses on or initiates the foreclosure process for unpaid assessments due or owing to the association owner, also means every person who operates a rooming house; or is a trustee who holds, owns at controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process.
PERSON. An individual, corporation, partnership or any other group acting as a unit.
PREMISES. A yard, lot, plot or parcel of land, easement or public way, including any structures thereon.
ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
STRUCTURE. That which is built or constructed or a premise, lot or parcel or a portion thereof.
TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.
UNSAFE. Unfit for occupancy as determined by Chapter 150 of the Clarksville Codified Ordinances.
VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
(Ord. 2010-G-04, passed 8-16-10)