As used in this PMC, the following words and terms shall have the meanings respectively ascribed to them herein:
(A) Approved: Approved by the Code Official.
(B) Basement: That portion of a structure which is partly or completely below grade.
(C) Bathroom: A room containing plumbing fixtures, including but not limited to a bathtub, shower, sink, or toilet.
(D) Building: Any structure occupied or intended for supporting or sheltering any occupancy, or any vacant structure.
(E) Building Code: The Building Code officially adopted by the legislative body of this jurisdiction, or other such codes officially designated by the legislative body of this jurisdiction for the regulation of construction, alteration, addition, repair, removal, demolition or location of buildings and structures.
(F) Code Official: The Code Official is the Director of the Department of Community Development or any person duly authorized by him to administer or enforce the provisions of this PMC.
(G) Condemn: To determine as unfit for occupancy.
(H) Construction documents: All the written, graphic, or pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of a project necessary for obtaining a building permit. The construction drawings shall be drawn to an appropriate scale.
(I) Dormitory: A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group.
(J) Dwelling: Any type of structure occupied or intended for occupancy by any person for purposes of living or sleeping therein, such as a dormitory, dwelling unit, hotel, one-family dwelling, rooming house, rooming unit, apartment house or complex, condominium, duplex or two-family dwelling.
(K) Dwelling unit: A single unit providing complete, independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking and sanitation.
(L) Exterior property area: The open or unoccupied land of a premises, and any adjoining property under the control of owners or operators of such premises.
(M) Extermination: The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating or trapping; or by any other approved pest elimination methods.
(N) Family: An individual or married couple and the children thereof with not more than two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than five unrelated persons, living together as a single housekeeping unit in a dwelling unit.
(O) Garbage: The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food or food products.
(P) Habitable space: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces, and similar areas, are not considered habitable spaces.
(Q) Hotel: Any building containing six or more guest rooms, intended or designed to be occupied, or which are rented or hired out to be occupied, for sleeping purposes by guests.
(R) Infestation: The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.
(S) Junk: "Junk" means any worn out, cast-off or discarded article, or material which is ready for disposal or destruction, or which has been collected or stored for salvage or conversion to some other use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new, shall not be considered junk. Portions of junk motor vehicles, such as hoods, fenders, radiators, rims, motors, etc., not being utilized for the repair of a motor vehicle, shall be considered junk.
(T) Let for occupancy or let: To permit possession or occupancy of a dwelling, building or structure by a person who 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 or contract for the sale of land.
(U) Occupancy: The purpose for which a structure or portion thereof is utilized or occupied.
(V) Occupant: Any person living or sleeping in a dwelling, building or structure, or having possession of a space therein.
(W One-family dwelling: A building containing one dwelling unit.
(X) Openable area: That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
(Y) Operator: Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
(Z) Owner: Any person, agent, operator, firm, corporation or other legal entity having a legal or equitable interest in property, or recorded in the official records of the state, county or municipality as holding legal title to the property, or otherwise having control of the property, including the guardian of the estate of any such person, the executor or administrator of the estate of any such person, a trustee, or a receiver if ordered to take possession or control of real property by a court.
(AA) Person: An individual, corporation, firm, partnership, trustee, receiver, joint venture or any other group or legal entity.
(BB) Plumbing: The practice, materials and fixtures utilized in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances within the scope of the plumbing code listed in Chapter 1826.
(CC) Plumbing fixture: A receptacle or device which is either permanently or temporarily connected to the water distribution system of a premises and which demands a supply of water therefrom, or which discharges wastewater, liquid-borne waste materials or sewage either directly or indirectly to the drainage system of the premises, or which requires both a water supply connection and a discharge to the drainage system of the premises.
(DD) Premises: A lot, plot, parcel or area of land, including the interior and exterior of any structures thereon.
(Ord. 25-96. Passed 2-26-96.)
(EE) Public nuisance: Includes any of the following, as may be determined by the Code Official:
(1) The physical condition or occupancy of any premises regarded as a public nuisance at common law, or as determined by statute.
(2) Any physical condition or occupancy of any premises or its appurtenances considered to be an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures.
(3) Any premises that has unsanitary sewerage or plumbing facilities.
(4) Any premises determined to be unfit for human habitation.
(5) Any premises that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecured so as to endanger life, limb or property.
(6) Any premises from which the plumbing, heating or facilities required by this PMC have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or for which the required precautions against trespassers have not been provided.
(7) Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds.
(8) Any structure that is in a state of dilapidation, deterioration or decay; that has faulty construction; that is overcrowded; that is open, vacant or abandoned; that is damaged by fire to such an extent that it does not provide shelter; that is in danger of collapse or failure; or that is dangerous to anyone on or near the premises.
(FF) Registered design professional: An architect or engineer, registered or licensed to practice professional architecture or engineering, as defined by the statutory requirements of the professional registration laws of the state in which the project is to be constructed.
(GG) Rooming house: A building arranged or occupied for lodging for compensation, and not occupied as a one-family dwelling or a two-family dwelling.
(HH) Rooming unit: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living.
(II) Rubbish: Combustible or noncombustible waste materials, except garbage. The term shall include the residue from the burning of wood, coal, coke or other combustible materials and shall also include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust, domestic animal waste, and other similar materials.
(JJ) Structure: That which has been, or is being, built or constructed, or a portion thereof.
(KK) Toilet room: A room containing a toilet or urinal, but not a bathtub or shower.
(LL) Two-family dwelling: A building containing two dwelling units.
(MM) Ventilation: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
(NN) Weeds:
(1) "Weeds" are all grasses, annual plants and vegetation, other than trees, shrubs and cultivated flowers and gardens.
(2) "Noxious or harmful weeds or vines" means ragweeds, daisies, goldenrod, burdock, yellow dock, dandelions, thistles, wild carrot and any other weed or vegetable which exhales offensive or noxious odors or from which there is carried by the wind any injurious, offensive or annoying pollen, dust, down, seed or particle, or which may conceal filthy deposits.
(OO) Workmanlike: Executed in a generally acceptable and skilled manner, e.g. generally plumb, level, square, in line, undamaged and without marring adjacent work.
(PP) Yard: An open area of land on the same premises with a structure, or a vacant premises.
(Ord. 37-94. Passed 4-11-94; Ord. 065-04. Eff. 05-01-04)