(A) General.
(1) Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings shown in this chapter.
(2) Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
(3) Terms defined in other codes. Where terms are not defined in this chapter and are defined in the referenced codes as listed in § 153.006 of this chapter, such terms shall have the meanings ascribed to them as stated in those codes.
(4) Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
(5) Parts. Whenever the words “dwelling unit”, “dwelling”, “premises”, “building”, “rooming house”, “rooming unit”, “housekeeping unit” or “story” are stated in this chapter, they shall be construed as though they were followed by the words “or any part thereof”.
(B) General definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANCHORED. Secured in a manner that provides positive connection.
APPROVED. Approved by the Code Official or his or her designee.
BASEMENT. The portion of a building which is partly or completely below grade.
BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
BOARD. The Elizabethtown Code Enforcement Board as established by city ordinance in accordance with state statutes.
CITY. City of Elizabethtown, Kentucky.
CODE OFFICIAL. The official who is charged with the administration and enforcement of this chapter, or any duly authorized representative.
CONDEMN. To adjudge unfit for occupancy.
DEPARTMENT. The Department of Planning and Development.
DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.
DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
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. A grant by a property owner to the use of land by the public, a corporation or persons, for specific purposes such as the construction of utilities, drainage ways and roadways.
EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered HABITABLE SPACES.
HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.
INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
INOPERABLE VEHICLE. A vehicle, motorized or non-motorized, which cannot be driven, pulled, drawn or towed upon the public street for any reason including, but not limited to, being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power.
LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.
LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises 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.
NEGLECT. The lack of proper maintenance for a building or structure.
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.
OPENABLE 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. 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.
PERSON. An individual, corporation, partnership or any other group acting as a unit.
PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.
PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.
PUBLIC WAY. Any street, alley, driveway or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
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 non-combustible waste materials, except garbage; the term shall include wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, excelsior, rubber, leather, tree branches, yard trimmings, bottles and cans, metals, mineral matter, glass, tires, vehicle parts, inoperable vehicle, lawn and garden equipment, furniture, crockery and dust and other similar materials.
SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not SLEEPING UNITS.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
STRUCTURE. That which is built or constructed or a portion thereof.
SWIMMING POOL. A structure, public or private, whether above or below grade level, designed to hold in depth, 24 inches or more of water and used for recreational purposes.
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.
ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80% or less of the maximum strength.
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).
YARD. An open space on the same lot with a structure.
(Ord. 04-2017, passed 5-15-2017)