(a) Rules of Interpretation. In the construction and interpretation of this Chapter, the rules and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise:
(1) Words used in the present tense shall include the future.
(2) Words used in the singular number shall include the plural number, and the plural the singular.
(3) The word "shall" is mandatory and not discretionary.
(4) The word "may" is permissive.
(5) The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for.
(b) Definitions. The following definitions shall be applicable in this Chapter:
(1) Adequate.
Shall mean adequate as determined by the Building Inspector under the regulations and standards of this Chapter or adequate as determined by an authority designated by law or this Code of Ordinances. "Adequately" shall mean the same as "adequate."
(2) Apartment.
One (I) or more rooms with provisions for living, cooking, sanitary, and sleeping facilities arranged for use by one (I) family.
(3) Approved.
Approved by the Building Inspector as being in accordance with the regulations of this Chapter, or approved by an authority designated by law, this Chapter, or this Code of Ordinances.
(4) Attractive Appearance.
An appearance which is in accordance with generally accepted professional practices for new construction within the Village of Edgar and which is not likely to adversely affect the values of abutting or neighborhood properties, or of the principal property.
(5) Basement.
A portion of a building located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
(6) Bath.
A bathtub or shower stall properly connected with both hot and cold water lines.
(7) Bathroom.
A non-habitable room with a dwelling unit which is used, or intended to be used, primarily for bathing and/or toilet purposes, and which contains a toilet, bathtub or shower facilities.
(8) Bedroom.
A habitable room within a dwelling unit which is used, or intended to be used, primarily for the purpose of sleeping, but shall not include any kitchen or dining room. "Bedroom", however, shall not be interpreted so as to prohibit efficiency apartments.
(9) Boarding House.
See "Rooming House" and "Rooming Unit."
(10) Communal.
Used or shared by, or intended to be used or shared by, the occupants of two (2) or more rooming units or two (2) or more dwelling units.
(11) Compliance Inspection.
An inspection performed in conjunction with a lawful order of the Village Board, Village Administrator, Zoning Administrator, Building Inspector, Fire Inspector or public health authorities, or designee, for the purpose of verifying the fulfillment of an official requirement listed in a compliance order.
(12) Deadbolt Locking Device.
Any keyed, mortised lockset with at least a 3/4 inch bolt capable of being opened from the inside by a single tum of a knob.
(13) Dwelling.
A place of abode, a residence, or a house for use by one (1) or more persons, excluding hotels or motels.
(14) Dwelling Unit.
One (1) or more rooms with provisions for living, cooking, sanitary, and sleeping facilities arranged and intended for use by one (1) family.
(15) Extermination.
The control or elimination of insects, rodents or other pests by eliminating harboring places and removing or making inaccessible materials that may serve as food, and by poisoning, spraying, trapping, fumigation by a licensed fumigator or any other effective elimination procedure.
(16) Family.
An individual, or two (2) or more persons related by blood, marriage, or legal adoption, living together as a single housekeeping unit in a dwelling unit, including foster children, and not more than two (2) roomers. For the purpose of this Subsection, "children" means natural or legally adopted children, or a ward as determined in a legal guardianship proceeding. Up to two (2) personal attendants who provide services for family members or roomers who, because of advanced age or physical or mental disability, need assistance with activities of daily living, shall be considered part of the "family." Such services may include personal care, housekeeping, meal preparation, laundry or companionship.
(17) Friable Material.
Any material applied on ceilings, walls, structural members, piping, duct work, or any other part of a building which when dry may be crumbled, pulverized, or reduced to powder by hand pressure. The term includes non-friable material after such previously non-friable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.
(18) Garbage.
The animal and vegetable waste resulting from the preparation, handling, cooking and consumption of food.
(19) Good Working Condition.
Capable of performing the task for which it was designed and in the manner intended by this Chapter.
(20) Habitable Space.
One (1) or more rooms or enclosed floor area in a dwelling used or intended to be used, for living, cooking, sleeping, or dining purposes, excluding bathrooms, foyers, pantries, laundries, closets and storage spaces.
(21) Impervious to Water.
Constructed of concrete, cement block, terrazzo, brick, tile, or other material approved by the Building Inspector, and having tight-fitting joints.
(22) Infestation.
The sustained presence of detrimental household insects, vermin, rodents or other pests within a dwelling or on the dwelling premises.
(23) Inoperable or Nuisance Vehicle.
Any inoperable, unlicensed, unroadworthy, disassembled or wrecked motorized or unmotorized vehicle or trailer in violation of Section 10-5-8.
(24) Kitchen.
A habitable room or area used or intended to be used for cooking or the preparation of meals.
(25) Living Room.
A room used primarily for living, dining, recreational or cooking purposes.
(26) Mixed Occupancy.
Occupancy of a building in part for residential use and in part for some other use not accessory thereto. An example would be a building with commercial retail space on the first floor and apartments on the second floor.
(27) Nuisance.
For purposes of this Chapter, shall be defined as follows:
a. Whatever is dangerous to human life or safety, or is detrimental to health.
b. Insufficient ventilation or illumination.
c. An attractive nuisance which may be detrimental to children, whether in a building or upon a lot. An attractive nuisance includes, but is not limited to: any abandoned shafts, wells or basements; unprotected basements and excavations; inoperable motor vehicles; structurally unsound structures; or trash, refuse, garbage, lumber, construction debris or vegetation which may prove a hazard for inquisitive minors.
d. Inadequate or unsanitary sewerage or plumbing facilities.
e. Unsafe or dangerous electrical wiring or natural gas lines.
f. Uncleanliness.
g. Whatever renders air, food or drink unwholesome or is detrimental to the health of humans.
h. Deteriorated, dilapidated or blighted to the extent that doors, windows, plumbing or heating fixtures or appurtenances of the building are damaged or removed.
i. As also defined in Sections 8-1-2, 8-1-8, 10-5-8 and 11-6-2 of this Code of Ordinances.
(28) Occupant.
Any person living, sleeping or eating in, or having actual possession of a dwelling or dwelling/rooming unit.
(29) Operator.
Any person who has charge or control of a building or part thereof in which dwelling units or rooming rooms are located or let.
(30) Owner.
Any person, firm, partnership, corporation, or business organization of any kind who alone or jointly and severally with others is the legally recorded holder of the title with or without actual possession thereof, or who has charge, care and control of any dwelling or dwelling unit as agent, owner, executor, administrator, trustee or guardian of the estate of the owner. "Owner" shall also include the legally recorded holder of a land contract vendee interest. "Owner" does not include any person whose legal or equitable interest in the building is a security interest derived solely from the extension of credit to permit construction or remodeling of the dwelling or purchase of the dwelling by a third party.
(31) Person.
Any individual, firm, corporation, limited liability corporation, association, or partnership.
(32) Plumbing.
Shall mean and include the following: all piping, fixtures, appliances, equipment, devices and appurtenances in connection with the water supply, water distribution and drainage systems, including hot water storage tanks, water softeners and water heaters connected with such water and drainage systems, and also includes the installation thereof or a water pressure system other than the municipal system as provided in Ch. 144, Wis. Stats.
(33) Premises.
A lot together with all buildings and structures thereon.
(34) Properly.
As deemed proper by the Building Inspector under the regulations of this Chapter or deemed proper by an authority designated by law or this Chapter.
(35) Provided.
Furnished, supplied, paid for or under control of the owner.
(36) Residential Building.
A building which is arranged, designed, used, or intended to be used for residential occupancy by one (1) or more families, tenants or lodgers, and which includes, but is not limited to, the following types:
a. Single-family dwellings.
b. Two (2) family dwellings.
c. Multiple-family dwellings (including apartment hotels).
d. Rooming houses.
e. Any building containing any of the above uses together with other uses shall be considered a residential building.
(37) Room.
A partitioned part of the inside of a building. For the purposes of this definition, partition shall mean something that divides interior space, especially an interior dividing wall. A wall is one of the sides of a room or building connecting floor and ceiling and may also include anything which encloses or separates space. A partition or wall which intrudes into the space by more than one-third (1/3) of the least dimension of an existing room may be regarded as creating an additional separate room. The partitioned space shall be considered as a room if privacy is implied; light and ventilation are affected; or a bedroom through a bedroom, bathroom through a bedroom or bedroom through a bathroom situation is created.
(38) Roomer.
An occupant of a rooming house who is not a member of the family of the operator of that rooming house, or an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit.
(39) 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 more than four (4) roomers.
(40) Rooming Unit.
Any room or group of rooms forming a single habitable unit in a rooming house used or intended to be used for living and/or operator to more than four (4) roomers.
(41) Sleeping Room.
A room used for sleeping purposes.
(42) Structure.
Anything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground.
(43) Structure Unfit for Occupancy.
An unsafe structure; or a structure which is unfit for habitation or occupancy because of the extent to which the structure is dilapidated, in disrepair or lacks proper maintenance, or a structure which is unsanitary, vermin- infested, is filthy or contaminated, is unsafe, or which lacks adequate ventilation, illumination, sanitary or heating facilities, or other essential equipment required by this Chapter.
(44) Supplied.
Furnished, provided by, or under the control of the owner or operator.
(45) Unsafe Structure.
A structure that endangers safety for reason that it is in imminent danger of failure or collapse, or a portion of the building has failed or collapsed, or the structure is in a condition of decay or dilapidation.
(46) Workmanlike.
Work of such character so as to meet manufacturer's specifications, accepted national standards or recognized trade practices, and intended to provide a durable result ensuring public safety, health and welfare insofar as they are affected by building construction, use and occupancy.