For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APARTMENT. The same as dwelling unit as defined under the definition of DWELLING UNIT.
BASEMENT. A story with 50% or more of its cubical content below finish grade.
BUILDING COMMISSIONER. The Commissioner of Buildings of the Town of Newburgh, Indiana, or such officers authorized as a representative.
CELLAR. A portion of a building located partially or wholly underground and having at least half of its clear floor to ceiling height below the average grade of the adjoining ground.
DEPARTMENT. The Department of Buildings of the Town of Newburgh, Warrick County, Indiana.
DWELLING. Any building which is wholly or partly used, or intended to be used, for living or sleeping by human occupants; provided, temporary housing as hereinafter defined shall not be regarded as a DWELLING.
DWELLING UNIT. 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.
EXIT. A clear and unobstructed way of departure from the interior of a building or structure to the exterior at street or grade level.
EXTERMINATION. The control and elimination of insects, rodents and other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and lawful pest elimination methods approved by the Inspector.
FAMILY. One or more persons living together and having common housekeeping facilities.
FIRE CHIEF. The Chief of the Fire Department of this town or such officers authorized as a representative.
GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food and similar animal and vegetable refuse.
GOVERNING BODY. The Town Council of the Town of Newburgh, Indiana.
HABITABLE ROOM. A room or enclosed floor space used, or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closets, compartments, laundries, foyers or communicating corridors, closets and a storage spaces.
HEALTH OFFICER. The Director of Health of the Warrick County Health Department or such officers authorized as a representative.
HOUSING. Any dwelling, apartment, rooming house, boarding house or similar building or structure or part thereof containing habitable space or intended for use for human habitation, except for transient occupancy.
INFESTATION. The presence within or around any housing or any insects, rodents or other pests.
INSPECTION DEPARTMENT. The Building Inspector and such officers duly authorized as assistants.
INSPECTOR. The Building Commissioner of the town or any authorized representative or such officer authorized to enforce the provisions of this chapter.
LESSEE. Any person who, by written contract or lease, or by any week-to-week or month-to-month tenancy agreement, shall have the right to occupy a dwelling or dwelling unit.
MEANING OF CERTAIN WORDS. Any dwelling, apartment, rooming house, rooming unit or premises, and when used in this chapter, shall be construed as though they were followed by the words, “or any part thereof”.
MULTI-FAMILY DWELLING. A building or structure occupied intended for occupancy as the home or residence of more than two families living independently of each other, and doing their own cooking within their respective apartments.
NUISANCE. A public nuisance as known in common law or in equity. Anything that is dangerous to human life or health in, under, over, around or about a dwelling or dwelling unit, or that renders the air or human food or drinks therein unwholesome; and any dwelling or dwelling unit or part thereof, that is not sufficiently supported, ventilated, drained, cleaned or lighted, are also NUISANCES.
OCCUPANT. Any persons living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
OPERATOR. Any person having charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
ORDINARY MINIMUM WINTER CONDITIONS. The temperature 15°F above the lowest recorded temperature for the previous ten-year period.
OWNER.
(1) Any person who alone, or jointly or severally with others:
(a) Shall have legal title to any dwelling or apartment, with or without accompanying actual possession thereof; or
(b) Shall have 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.
(2) Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner.
PARTIES IN INTEREST. The owner as defined herein and the occupant or occupants or persons in possession or control of the premises.
PLUMBING. All of the following supplies and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
PREMISES. All areas including, but not limited to, yards, outbuildings and courts.
PUBLIC AUTHORITY. Any housing authority or any officer who is in charge of any department or branch of the government of the town relating to health, fire, building regulations or other activities concerning housing in the town.
PUBLIC OFFICER. The officer or officers who are authorized to exercise the powers prescribed by law.
PUBLIC SPACE. That space within any housing which is open to use by the general public.
REMOVAL. The demolition and removal of the entire building leaving the property free and clear of debris and without holes or pockets which may retain water.
ROOMING HOUSE. Any housing, or part thereof, containing three or more rooming units in which space is let by the owner or operator to three or more persons who are not members of the family of the owner or operator.
ROOMING UNIT. A room or group of rooms forming a single habitable unit used or intended for use for living and sleeping, but not for cooking or eating purposes.
RUBBISH. Combustible or noncombustible waste materials except garbage; and the term shall include the residue from burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, mineral matter, glass, crockery and dust.
RUBBISH STORAGE FACILITIES. Any outside containers in which rubbish is temporarily stored for collection.
STORY. That part of a building comprised between a floor and the floor or roof next above.
STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work, artificially built up or composed of parts joined together in some definite manner. The term STRUCTURE shall be construed as if followed by the words, “or part thereof”.
SUBSTANTIAL PROPERTY INTEREST. As defined in I.C. 36-7-9-2.
SUPPLIED. Paid for, furnished or provided by control of the owner or operator.
TEMPORARY HOUSING. Any tent, trailer or other structure used for human shelter which is designated to be transportable and which is not attached to the ground, to another structure or any utility system on the same premises for more than 30 consecutive days.
UNSAFE BUILDING. Any building or structure which has any or all of the conditions or defects hereinafter described, provided that such conditions or defects exist to the extent that life, health, property or safety of the public or its occupants are endangered:
(1) Whenever any door, aisle, passageway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;
(2) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic;
(3) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress of stresses allowed for new buildings of similar structure, purpose or location;
(4) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength of stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements for new buildings of similar structure, purpose or location;
(5) Whenever any portion, member or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property;
(6) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified for new buildings of similar structure, purpose or location without exceeding the working stresses permitted for such buildings;
(7) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;
(8) Whenever the building or structure, or any portion thereof, because of:
(a) Dilapidation, deterioration or decay;
(b) Faulty construction;
(c) The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
(d) The deterioration, decay or inadequacy of its foundation; or
(e) Any other cause, is likely to partially or completely collapse.
(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(10) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;
(11) Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, of 50% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings;
(12) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated so as to become:
(a) An attractive nuisance to children; or
(b) Freely accessible to persons for the purpose of committing unlawful acts.
(13) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this town, or of any law or ordinance of this state relating to the condition, location or structure of buildings;
(14) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances has in any non-supporting part, member or portion less than 50%, or in any supporting part, member, or portion less than 66% of the:
(a) Strength;
(b) Fire-resisting qualities of characteristics; or
(c) Weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
(15) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Building Commissioner to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease;
(16) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction is determined by the Building Commissioner to be a fire hazard; and
(17) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
VENTILATION. The supply and removal of air to and from a space by natural or mechanical means.
VENTILATION, MECHANICAL. Ventilation by power driven devices.
(1991 Code, § 132.01)