Meaning of certain words. The following terms wherever used herein or referred to in this code shall have the respective meanings assigned to them unless a different meaning clearly appears from the context: all definitions of the BOCA Basic Building Code are hereby included by reference. The BOCA, or Building Officials Conference of America, Basic Building Code referred to is the latest edition published before the passage of this chapter.
“BLIGHTING.” Creating unsightly conditions that would constitute a cause of depreciation of adjoining properties.
“DETERIORATION.” The condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance.
“EXPOSED TO PUBLIC VIEW.” Any premises, or any part thereof, of any building or any part thereof, which may be lawfully viewed by the public.
“EXTERIOR OF THE PREMISES.” Open space on the premises outside of any building thereon.
“EXTERMINATION.” The control and elimination of insects, rodents and vermin.
“GARBAGE.” (See also Refuse, Rubbish). Putrescible animal and vegetable waste.
“HEARING BOARD.” The body hereby established and empowered to conduct hearings, to administer oaths, affirmation, examine witnesses and receive evidence for violations hereof and composed of not less than four nor more than six persons appointed by the Mayor. A majority in attendance of the appointed Board shall constitute a quorum competent to conduct hearings and a majority of those in attendance shall be required to find a violation.
“HABITABLE ROOMS.” Rooms used or designed for use by one or more persons for living or sleeping or cooking and eating, but not including bathrooms, water closet compartments, laundries, serving and storage pantries. Corridors, foyers, vestibules, cellars, heater rooms, boiler rooms, utility rooms, and other rooms or spaces that are not used frequently or for an extended period of time or that have less than 50 square feet of superficial floor area shall not be considered as habitable rooms.
“INFESTATION.” The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
“MIXED OCCUPANCY.” Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses or used as a hotel.
“MORTGAGEE IN POSSESSION.” Any mortgagee who is a party in litigation in any court of competent jurisdiction wherein there is a debt secured in whole or part by an encumbrance on the premises and the premises are unoccupied by anyone having a legal right to occupy such premises.
“NUISANCE.”
(1) Any public nuisance as defined by statute or ordinance.
(2) Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.
(3) Inadequate or insanitary sewage or plumbing facilities in violation of this code.
(4) Insanitary conditions or anything offensive to the senses or dangerous to health, in violation of this code.
(5) Fire hazards.
(6) Any other violation of this chapter as set forth specifically herein.
“OPERATOR.” Any person who has charge, care or control of a dwelling or premises, or a part thereof, whether with or without the knowledge and consent of the owner.
“OWNER.” Any person who, along or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof: or shall have charge, care or control of any dwelling unit, as owner or as executor, executrix, administrator, administratrix, trustee, receiver, or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
“PARTIES IN INTEREST.” All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
“PREMISES.” A lot, plot or parcel of land including the buildings or structures thereon.
“PUBLIC ACCESS.” Public access and like and similar terms shall not affect the different and distinct duties owed to invitees, licensees and trespassers under the common law.
“PUBLIC AUTHORITY.” Any officer who is in charge of any department or branch of the government of the municipality, county or state relating to health, fire, building regulations or to other activities concerning buildings in the municipality.
“PUBLIC OFFICER.” The Code Enforcement Officer of the City of Mt. Washington.
“REFUSE.” (See also Garbage, Rubbish). All putrescible and nonputrescible solid waste (except body wastes), including but not limited to: garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
“RUBBISH.” (See also Garbage, Refuse). Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as, but not limited to paper, wrappings, cardboard, tin cans, leaves, wood, glass, bedding, crockery, appliances and similar materials.
(Ord. 10-05, passed 4-12-10)