1309.01 DEFINITIONS.
   The following definitions of words and phrases shall apply in the interpretation and enforcement of this Housing Code.
   Wherever the term "Housing Director" shall appear in this chapter it shall hereby be understood that the code enforcement officer and the housing director are one and the same.
   (a)   "Basement" means a portion of a building located partly below grade and having half or more than half, but not less than four feet, of its clear floor to ceiling height above the average finished grade of the adjoining ground.
   (aa)   "Building Board of Appeals" means the duly appointed Building Board of Appeals.
   (b)   "Cellar" means a portion of a building located partly or wholly below grade and having less than half or less than four feet of its clear floor-to-ceiling height above the average finished grade of the adjoining ground.
   (c)   "Code Enforcement Officer(s)" means the appointed enforcement officer(s) of the City of Massillon.
   (cc)   "Director of Public Safety and Service" means the duly appointed official of the City of Massillon as provided in the Ohio Revised Code as Director of Public Safety and Service.
   (d)   "Dwelling" means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants. However, temporary housing as hereinafter defined shall not be regarded as a dwelling.
   (e)   "Dwelling unit" means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
   (f)   "Extermination" means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials which may serve as their food; by poisoning, spraying, fumigating, or trapping; or by any other recognized and legal pest elimination methods approved by the Housing Inspector.
   (g)   "Garbage" means the animal and vegetable waste resulting from handling, preparation, cooking and consumption of food.
   (h)   "Habitable room" means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.
   (i)   "Housing Inspectors" means the persons appointed by the Board of Health as Council may authorize to serve as assistants to the Housing Director in the performance of his duties.
   (j)   "Infestation" means the presence, within or around a dwelling, of any insects, rodents or other pests.
   (k)   "Multiple dwelling" means any dwelling containing more than two dwelling units.
   (l)   "Occupant" means any person over one year of age who is living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
   (m)   "Operator" means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
   (n)   "Ordinary minimum winter conditions" means the temperature of fifteen degrees Fahrenheit above the lowest recorded temperature for the previous ten-year period.
   (o)   "Owner" means any person who, alone, jointly or severally with others shall have:
      (1)   Legal title to any dwelling or dwelling units with or without accompanying actual possession thereof or,
      (2)   Charge, care or control of any dwelling or dwelling unit, as owner, or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Housing Code, and of the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
   (p)   "Person" means and includes any individual, firm, corporation, association or partnership.
   (q)   "Plumbing" means and includes, but is not limited to, all of the following supplies, facilities and equipment: gas pipes; gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents and similar fixtures, together with all connections to water, sewer or gas lines.
   (r)   "Rooming house" means a dwelling or that part of any dwelling containing one or more rooming units in which space is let by the owner or operator to three or more persons who are not related to the owner or operator as husband or wife, son or daughter, mother or father, father-in-law or mother-in-law, grandparents and brother or sister.
   (s)   "Rooming unit" means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
   (t)   “Rubbish” and or “junk”. Rubbish means combustible and noncombustible waste materials, except garbage. The term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust. Junk includes any personal property which has little or no apparent value or use and is in such damaged or inoperable condition or having missing parts such that it cannot be used for the purpose for which it was intended.
   (u)   "Supplied" means paid for, furnished or provided by or under control of the operator or owner.
   (v)   "Temporary housing" means any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system of the same premises for more than thirty consecutive days.
   (w)   Whenever the words "dwelling", "dwelling unit", "rooming house", "rooming unit" or "premises" are used in this Housing Code, they shall be construed as though they were followed by the words "or any part thereof".
   (x)   "Ventilation" means the supply and removal of air to and from any space by natural or mechanical means.
   (y)   "Housing Code" means this chapter.
      (Ord. 41-1989. Passed 3-20-89.; Ord. 71-1992. Passed 4-6-92; Ord. 227- 2000. Passed 11-20-00.)