(1) ANCHORED. Secured in a manner that provides positive connection.
(2) APPROVED. Acceptable to the code official.
(3) BASEMENT. That portion of a building which is partly or completely below grade.
(4) BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
(5) BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
(6) BLIGHTED STRUCTURE. A structure is blighted when it exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare.
(7) CLEAN HARD FILL. Construction and demolition debris which consists only of reinforced or non-reinforced concrete, brick, tile, and/or stone which can be re-utilized as construction material. Brick in clean hard fill includes but is not limited to refractory brick and mortar. Clean hard fill does not include materials contaminated with hazardous wastes, solid wastes, or infectious wastes.
(8) CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative.
(9) CONDEMN. To adjudge unfit for occupancy.
(10) COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals.
(11) CULTIVATE. To loosen or dig (soil) around growing plants.
(12) DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.
(13) DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
(14) DILAPIDATED. Decayed, deteriorated, or fallen into partial ruin especially through neglect or misuse.
(15) DILAPIDATED HOUSING. A housing unit that does not provide safe and adequate shelter, and in its present condition endangers the health, safety or well-being of the occupants. Such a housing unit shall have one or more critical defects, or a combination of intermediate defects in sufficient number or extent to require considerable repair or rebuilding. Such defects may involve original construction, or they may result from continued neglect or lack of repair or from serious damage to the structure.
(16) 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.
(17) 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 said lot or lots.
(18) ECONOMIC BLIGHT. The visible and physical decline of a property, neighborhood or city due to a combination of economic downturns, residents and businesses leaving the area, and the cost of maintaining the quality of older structures. These factors tend to feed on themselves, with each one contributing to an increase in the occurrence of the others.
(19) 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.
(20) EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
(21) EXTERMINATION. The control and elimination of insects, rats, or other pests by eliminating their harborage places; by removing or making inaccessible materials that serves as their food; by poison spraying, fumigating, trapping, or by any other approved pest elimination methods.
(22) GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(23) 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.
(24) 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.
(25) HISTORIC BUILDING. Any building or structure that is one or more of the following:
1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places.
2. Designated as historic under an applicable state or local law.
3. Certified as a contributing resource within a National Register or state or locally designated historic district.
(26) 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.
(27) IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.
(28) INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
(29) INOPERABLE MOTOR VEHICLE.
(30) 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.
(31) LET FOR OCCUPANCY or LET. 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.
(32) NEGLECT. The lack of proper maintenance for a building or structure.
(33) OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
(34) OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.
(35) OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
(36) OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
(37) OWNER. Any person, agent, operator, firm or corporation having 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.
(38) PERSON. An individual, corporation, partnership or any other group acting as a unit.
(39) 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.
(40) PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.
(41) PUBLIC WAY. Any street, alley 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.
(42) REFUSE. Only the matters which are in fact noxious or have been refused and abandoned by the owner as worthless.
(43) 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.
(44) 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.
(45) 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.
(46) SCRAP METAL. Pieces of or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether intact or in parts, which has served its usefulness in its original form and can no longer be used or is useful for its originally intended purpose.
(47) 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.
(48) 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.
(49) STRUCTURE. That which is built or constructed or a portion thereof.
(50) TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
(51) TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.
(52) TREE AND/OR SHRUBS. All woody vegetation presently or hereafter planted on any public areas.
(53) ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength.
(54) USED BUILDING MATERIALS. Any material such as wood, stone, brick, cement blocks or any composition or combination thereof used or useful in the erection of any building or structure which has been used previously for the erection or construction by the same person or other persons.
(55) VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
(56) WEEDS. All grasses, annual plants, vines, and vegetation other than trees or shrubs provided, however, this term shall not include cultivated flowers and gardens.
(57) 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. 21-15. Passed 6-15-15.)