The following definitions shall apply in the interpretation and enforcement of this Housing Code. For purposes of this Housing Code, certain abbreviations, terms, phrases, words and their derivations shall be construed as specified in this section. Words used in the singular include the plural, and words used in the plural include the singular. The words "shall" and "will" are mandatory; the word "may" is permissive. Where terms are not defined, they shall have their ordinarily accepted meaning or such as the context may imply.
(1) "Accessory building" means a detached building or structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises.
(2) "Addition" means any construction that increases the size of a building.
(3) "Apartment" means a dwelling unit made up of a suite of rooms with sanitation facilities, with or without cooking facilities, which is occupied as the home or residence of a single family.
(4) "Appropriate authority" means that person within the governmental structure or the corporate unit who is charged with the administration of the appropriate code.
(5) "Approved" means passed upon favorably by the local authority having administrative authority.
(6) "Ashes" means the residue from burning combustible materials.
(7) "Attic" means the space in a building between the top of the ceiling framing of the top habitable story, or any flooring over such framing, and the roof framing and any walls constituting a part of the enclosure of such space.
(8) "Basement" means that portion of a building which is partly underground and which has one-half or more of its ceiling height above the finished grade of the ground adjoining the building.
(9) "Boarding or rooming house" means any dwelling occupied in any such manner that certain rooms in excess of those used by members of the family as hereinafter provided, and occupied as a home or family unit, are leased or rented to persons outside of the family, without any attempt to provide cooking or kitchen accommodations.
(10) "Cellar" means the portion of a building wholly below, or with less than half of its ceiling height above, the average finished grade of the ground adjoining the building. A cellar is not primarily designed as a living accommodation.
(11) "Chimney" means a vertical masonry shaft of reinforced concrete or other approved noncombustible, heat-resisting materials enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid or gaseous fuel.
(12) "Dwelling" means any building formerly used for living or sleeping by human occupants or one that is wholly or partly used or intended to be used for living or sleeping by human occupants.
(13) "Dwelling unit" means any room or group of rooms located within a dwelling and forming a single habitable unit, which has facilities used or intended to be used for living, sleeping, cooking and eating.
(14) "Egress" means an arrangement of exit facilities to assure a safe means of exit from buildings.
(15) "Emergency" means any combination of circumstances and or conditions which presently or imminently calls for immediate action to protect the residents of the City from any condition dangerous to health, life, safety, morals or the general welfare of the residents.
(16) "Enforcing officer" means the City Manager or his or her duly appointed representative.
(17) "Extermination" means the control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as food or by any other recognized and legal pest elimination methods approved by the City or State Health Department.
(18) "Fire Inspector" means the legally designated fire inspector or his or her authorized representative who is charged with enforcing the provisions of this Housing Code.
(19) "Flush water closet" means a toilet bowl flushed with water under pressure and having a water-sealed trap above floor level.
(20) "Garbage" means the animal, vegetable and other waste resulting from the normal living functions of a person or family.
(21) "Habitable room" means a room used or intended to be used for living, sleeping, cooking or eating, excluding bathrooms, water closet compartments, laundries, pantries, foyers, corridors, closets and storage spaces.
(22) "Hazardous waste" means any chemical, compound, mixture, substance or article which is designated by the U.S. E.P.A. or another appropriate agency of the State to be hazardous, as that term is defined by or pursuant to Federal or State law.
(23) "Heated water" means water heated to a temperature suitable for use as necessary for bathing and other normal uses.
(24) "Infestation" means the presence within or around a dwelling of any insects, rodents or other pests.
(25) "Kitchen" means any room containing any or all of the following equipment or an area of a room within three feet of such equipment: A sink and /or other device for dishwashing; a stove or other similar device for cooking food; a refrigerator or other similar device for the safe storage of food; cabinets and/or shelves for storage of equipment and utensils; and a counter or table for food preparation.
(26) "Multiple dwelling" means any dwelling containing more than two dwelling units.
(27) "Occupant" means any individual, including an owner or operator, who is living, sleeping, cooking or eating in or having possession of a dwelling unit, except that in dwelling units a guest shall not be considered an occupant.
(28) "Operator" means any person who has charge, care, control or management of a building or part thereof, in which dwelling units or rooming units are rented.
(29) "Ordinary summer conditions" means a temperature ten degrees Fahrenheit below the highest recorded temperature in the locality for the prior ten-year period.
(30) "Ordinary winter conditions" means a temperature fifteen degrees Fahrenheit above the lowest recorded temperature in the locality for the prior ten-year period.
(31) "Owner" means the person who, alone, jointly or with several others, shall have:
A. Legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
B. The charge, care or control of any premises, dwelling or dwelling unit, as owner or agent of the owner, or as executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as if he or she were the owner.
(32) "Person" means the State or any political subdivision of the State, or, any public or private corporation, partnership, firm, association, individual or other entity.
(33) "Plumbing" means all of the following supplied facilities and equipment: Gas pipes, gas-burning equipment, water pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplies or fixtures, together with all connections installed or connected to water, sewer or gas lines.
(34) "Premises" means not only the dwelling or any other building of any kind or nature located on the lot, but also the entire parcel of land surrounding such building, including, but not limited to, fences, walkways, walls and appurtenances.
(35) "Refuse" means all putrescible and nonputrescible solids (except bodily wastes), including garbage, rubbish, ashes and dead animals.
(36) "Rodent harborage" means any place rodents can live, nest or seek shelter.
(37) "Rodentproofing" means a form of construction which will prevent the ingress or egress of rodents to or from a given space or building, or which will prevent rodents from gaining access to food, water or harborage. "Rodentproofing" consists of the closing and keeping closed of every opening in foundations, basements, cellars or gratings by the use of materials impervious to rodent gnawing and burrowing, which materials are approved by the appropriate authority.
(38) "Rooming house" means any dwelling, or that part of any dwelling, containing one or more rooming units in which space was formerly let or in which space is let by the owner or operator to persons who are not closely related to the owner or operator by marriage, adoption or blood.
(39) "Rooming unit" means 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 purposes.
(40) "Rubbish" means nonputrescible solid wastes (excluding ashes) consisting of either:
A. Combustible wastes, such as paper, cardboard, plastic containers, yard clippings, leaves, work, tires, etc.; or
B. Noncombustible wastes, such as metal, tin cans, glass or crockery.
(41) "Safety" means the condition of being reasonably free from danger and hazards which may cause accidents or disease.
(42) "Secure" means to close, lock, padlock or seal so as to prevent or prohibit the entrance of persons, animals and/or insects, rodents or other pests.
(43) "Structure" means that which is built or constructed; an edifice or building of any kind designed for habitation, shelter, storage, trade, manufacture, religion, government, business, education and the like, located within the jurisdiction of the City. "Structure" also means a structure or edifice enclosing a space within its walls, and usually, but not necessarily, covered with a roof.
(44) "Vacant" mans empty or unoccupied by human occupants.
(Ord. 26-95. Passed 9-25-95.)