(A) Construction and interpretation of certain words. Whenever the words DWELLING, DWELLING UNIT, ROOMING UNIT, ROOMING HOUSE, or PREMISES, are used in this chapter, they shall be constructed as though they were followed by the words “or any part thereof.”
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. A building, the use of which is incidental to that of the main building and which is located on the same lot.
APPROVED. As applied to a written policy or standard of the Code Enforcement Agency.
BASEMENT. Any portion of the building partly underground and having at least one-half of its height above the average grade.
BUILDING. Any structure or part of a structure.
BUILDING CODE. The current Building Code of the city.
CELLAR. Any portion of the building partly or completely underground and having at least one-half if its height below average grade.
CERTIFICATE OF COMPLIANCE. A document issued by the Housing Code Department attesting that the designated dwelling, dwelling unit, or rooming house on inspection was found to be in compliance with this chapter. Certificates shall be prepared by the Housing Code Department and shall contain such information as is required by the Department, including a description of the rental unit, the expiration date of the certificate, and requirements as to reapplication and reinspection and renewal.
CONDOMINIUM UNIT. A dwelling unit together with the undivided interest in the common area appertaining to that unit.
CROSSWIRING. The condition where all or part of the electric service for one dwelling unit is connected to or paid for through the electric meter that serves another dwelling unit.
DILAPIDATED. No longer adequate for the purpose or use for which it was originally intended.
DUMPSTER.
A large sturdy metal container, with a capacity exceeding two cubic yards, for the collection of rubbish and garbage, designed to be emptied or transported to a dump by a specially designed truck.
DWELLING. Any building, structure, trailer, mobile home or camp or part thereof, used and occupied for human habitation or intended to be so used; and includes any appurtenance belonging thereto or usually enjoyed therewith.
DWELLING UNIT. A suite of one or more rooms located within a dwelling with facilities for regular cooking, and occupied or intended to be occupied by one or more individuals living in common.
EXITWAY. An unobstructed passageway to the out-of-doors at ground level.
EXTERMINATION. The control and elimination of insects, rodents, vermin, and other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poison spraying, fumigating, trapping, or by any other approved pest elimination methods.
GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
HABITABLE ROOM. A room which is designed for or may be used for living, sleeping, eating, or cooking. Storerooms, bathrooms, toilets, closets, halls, or spaces in attics or spaces in basements are not HABITABLE ROOMS except as permitted in this chapter.
HAZARDOUS BUILDING. Any building which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health.
INFESTATION. The presence within or contiguous to a structure or premises of insects, rodents, vermin, and other pests.
INTERIM RENTAL PERMIT. A document issued by the Housing Code Department authorizing the owner to rent, offer for rent, or allow the occupancy of the designated dwelling, dwelling unit, or rooming house for a specified term pending further action. Permits shall be prepared by the Housing Code Department and shall contain such information as is required by the Director including a description of the rental unit in question, the expiration date of the permit and requirements as to application, inspections, and certificates of compliance.
LEAD-BASED PAINT. Any paint containing more lead than the level established by the U.S. Consumer Product Safety Commission as being the safe level of lead in residential paint and paint products.
LET FOR OCCUPANCY or LET. To allow the use of a dwelling unit by any person or persons with or without remuneration.
MULTI-FAMILY. More than two dwelling units.
OCCUPANT. Any person (including owner or agent) living and sleeping in a dwelling unit or having actual possession of the dwelling or rooming unit.
OWNER. Any person or agent having a legal or equitable interest in the property or premises or control over its use or disposition. It shall include any part-owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant in entirety of the whole or any part of the premises.
PERSON. Any individual, association, club, society, firm, partnership, or body corporate or politic.
PLUMBING or PLUMBING FIXTURE. Water heating facilities, water pipes, gas pipes, garbage and disposal units, waste laboratories, bathtubs, shower baths, installed clothes washing machines or other similar equipment, catch basins, drains, vents, or other similarly supplied fixtures, together with all connections to water, gas, sewer, or vent lines.
PREMISES. A plot or parcel of land including any dwelling or accessory structure thereon.
PUBLIC NUISANCE. Includes the following:
(a) The physical condition, or use of any premises regarded as a public nuisance at common law.
(b) Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to abandoned wells, shafts, basements, excavations, and unsafe fences or structures.
(c) Any premises which have unsanitary sewerage or plumbing facilities.
(d) Any premises designated as unsafe for human habitation or use.
(e) Any premises from which the plumbing, heating, and/or facilities required in this chapter have been removed, or from which utilities have been disconnected, destroyed, removed, or rendered ineffective, or the required precautions against trespassers have not been provided.
(f) Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or unsecure as to endanger life, limb, or property.
(g) Any premises which are unsanitary, or which are littered with rubbish or garbage, or which have an uncontrolled growth of weeds.
(h) Any structure or building that is in a state of dilapidation, deterioration, or decay; damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and is dangerous to anyone on or near the premises.
REMOTE EXITWAY. Exitways to be arranged or constructed as to minimize any possibility that both exitways may be blocked by any one fire or other emergency.
RENOVATION. A building and its facilities made to conform to present day minimum standards of sanitation, fire, and life safety.
RENTAL PROPERTY. Any residential unit in a building, dwelling, or rooming house which provided permanent or transient living facilities and occupied by tenants on a rental basis.
ROOMING HOUSE. Any structure containing three or more rooming units, in which space is let by the owner or operator to persons who are not members of the family.
ROOMING UNIT. A dwelling unit which consists of a room or suite of two or more rooms without facilities for regular cooking, occupied or intended for occupancy by one or more individuals living in common. Whenever the term DWELLING UNIT is used in §§ 150.035 through 150.090 of this chapter, it shall also mean ROOMING UNIT unless a different meaning clearly appears in the context.
RUBBISH. The combustible and noncombustible waste materials, except garbage, and the term shall include the residue from burning wood, coal, coke, and other combustible materials, papers, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust and other similar materials.
SMOKE DETECTION DEVICE. A wall- or ceiling-mounted assembly containing an ionization chamber or photoelectric type of smoke detector, control equipment, and audible alarm in one unit which detects visible or invisible particles of combustion and which, upon detection of smoke, activates the alarm; which device is listed by a nationally recognized laboratory that maintains periodic inspections of the list equipment where produced, and whose listing states either that the equipment meets nationally recognized standards or that the equipment has been tested and found suitable for use in a specified manner.
SPECIAL INSPECTIONS. Any requested inspection which is not a part of the city's regular inspection program.
STRUCTURE. Assembly of materials forming a construction for occupancy or use, including among others, buildings, stadiums, tents, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks, trestles, piers, wharves, open sheds, coal bins, shelters, fences, and display signs.
TOTER.
A garbage/rubbish container with a fixed hinged lid, wheels and a horizontal handle. The container must meet the approval of the Public Works Director and is typically 65 to 95 gallons in size.
VENTILATION. The process of supplying and removing air by natural or mechanical means to or from any space:
(a) Mechanical: ventilation by power-driven devices.
(b) Natural: ventilation by opening to outer air, through windows, skylights, doors, louvers, or stack wind driven devices.
WORKMANLIKE. Such maintenance and repairs shall be made in a reasonable and skillful manner.
('71 Code, § 13-2) (Ord. passed 8-2-60; Am. Ord. passed 4-15-80; Am. Ord. passed 3-16-82; Am. Ord. passed 9-2-86; Am. Ord. passed 10-15-91; Am. Ord. passed 2-15- 94; Am. Ord. passed 6-21-94; Am. Ord. passed 11-5-03; Am. Ord. passed 2-7-09; Am. Ord. passed 3-7-17)