§ 116.05 DEFINITIONS.
   For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
   APPLICANT. Any person making application for a license under this chapter.
   APPLICATION. A form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the city and uniformly required as a prerequisite to the consideration for the issuance of a license for the rental of residential property.
   BASEMENT. The lowest story of any building that does not meet the minimum requirements of a first story as defined herein.
   DWELLING.  A building, wholly or partly used or intended to be used for living, sleeping, cooking or eating purposes by human occupants; but not including rest homes, convalescent homes, nursing homes, hotels, motels, facilities licensed by the State of Minnesota as institutional occupancies or dormitories. May also be called a residence or residential building.
   DWELLING UNIT. A room or group of rooms within a dwelling, forming a single habitable unit.
   EGRESS. An arrangement of exit facilities to assure safe means of exit from a building with specific dimensions as required in this Code or any applicable code.
   EXIT. A continuous and unobstructed means of egress to a public way. Exit includes intervening doors, corridors, ramps, stairways, and courts.
   EXTERMINATION. The control and elimination of insects, rodents or other pests by eliminating their places of harborage; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating; or by any other recognized and legal pest elimination method. EXTERMINATION shall include removing all signs of EXTERMINATION thereafter.
   FAMILY. An individual or 2 or more persons related by blood, marriage, adoption, foster children, or a group of not more than 5 unrelated persons, living together as a single housekeeping unit, within a dwelling unit, as distinguished from individuals or a group occupying a hotel, motel, club, lodge, sorority, fraternity, or dormitory.
   FAMILY (FUNCTIONAL). A collective group of unrelated persons residing in a single dwelling unit, limited to not more than 2 adult persons, together with their traditional family members of any age.
   FAMILY (TRADITIONAL). One or more persons related by blood or marriage residing in a single dwelling unit.
   FIRST STORY. The lowest story in a building provided it is not more than 4 feet below grade for more than 50% of its perimeter, or more than 8 feet below grade at any point in its perimeter.
   FLOOR AREA, LIVEABLE OR USEABLE. The FLOOR AREA within the enclosing walls of a room, excluding areas occupied by closets, built-in-equipment, base cabinets, fixtures and appliances. Such area shall not include that portion of any room with a sloping ceiling where the floor-to-ceiling measurement is less than 5 feet.
   HABITABLE ROOM. A room used or intended to be used for living, sleeping, eating or cooking purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, corridors, unoccupied cellars. Accessory garages, porches, attics, stairways, bathrooms, closets and storage spaces, and utility and heating areas.
   HEALTH OFFICER. The legally designated head of the Department of Health of this jurisdiction.
   INFESTATION. The presence of insects, rodents or other pests within or around the buildings on the premises.
   LICENSE. A document issued by the city to an applicant permitting him or her to rent residential property.
   LICENSEE. An applicant who, pursuant to his or her application, holds a valid, current, unexpired and unrevoked license from the city allowing him or her to rent residential property.
   LICENSE FEE. The money paid to the city pursuant to an application and prior to issuance of a license to rent residential property.
   MECHANICAL CODE. The Uniform Mechanical Code promulgated jointly by The International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials, as adopted by this jurisdiction.
   MINNESOTA BUILDING CODE. The Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.
   NONCONFORMING USE. A use of land or occupancy that does not comply with the regulations of this chapter, but which did conform to regulations in effect at the time of original occupancy or licensing.
   NUISANCE. The following shall be defined as nuisances:
      (1)   Any public nuisance known at common law or in equity jurisprudence.
      (2)   Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.
       (3)   Whatever is dangerous to human life or is detrimental to health, as determined by the Health Officer.
      (4)   Overcrowding a room with occupants.
      (5)   Insufficient ventilation or illumination.
      (6)   Inadequate or unsanitary sewage or plumbing facilities.
      (7)   Uncleanliness, as determined by the Health Officer.
   OCCUPANT. Any person residing in a dwelling or dwelling unit.
   OPERATOR, CARETAKER, MANAGER. Any person who has charge, care or control of a structure, or part thereof, in which rental dwelling units are let.
   OWNER. Any person, firm, corporation or agent, who alone, jointly or severally with others shall be in actual possession of, or have charge, care or control of any dwelling or dwelling unit. Any owner living more than 50 miles from the city is required to have an on-site or local caretaker.
   PLUMBING CODE. The Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials.
     PREMISES.  The dwelling and its land and all buildings thereon.
   RENTAL INSPECTOR.  A person appointed by the City Council to conduct annual inspections according to this chapter and the Minnesota Building Code adopted by this jurisdiction.
   RENTAL PROPERTY. Shall include living units rented on a month-to-month basis or greater. Such property may include single-family homes, duplexes, triplexes or multi-family units. Exempt from such definition shall be motels, hotels, boarding houses, bed-and-breakfast facilities and any facility exempt from city regulation due to state or federal rules and regulations.
     ROOMING UNIT. A room or group of rooms forming a habitable unit used or intended to be used for living and sleeping, but not for cooking purposes, along with private or shared sanitation facilities.
   UNRELATED PERSONS. Two or more individuals who are not related by blood, marriage or adoption.
(Ord. 236, passed 7-2-2007)