For the purpose of this chapter, certain terms and words are defined in this section and are used in addition to definitions found in the codes adopted by reference that together, with this chapter are known as the Newton Commercial Business/Property Code. The following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. A structure which is not used or intended to be used for occupancy by the public.
APPURTENANCE. That which is directly or indirectly connected or accessory to some other structure.
CODE. Any ordinance, code, law, or regulation in effect for the City of Newton concerning fitness for habitation or the construction, maintenance, occupancy, use, or appearance of any building, dwelling unit or structure, including but not limited to the Zoning Ordinance; International Building Code; the Plumbing, Electrical, Fire Prevention and Property Maintenance Codes, as promulgated by the International Code Council; the Uniform Construction Code; the Solid Waste Management and Recycling Ordinance; and the Nuisance Ordinance.
COMMERCIAL BUSINESS/PROPERTY. Any COMMERCIAL BUSINESS/PROPERTY that meets the definitions as outlined in the International Building Code as an assembly, business, educational, factory and industrial, high hazard, institutional, mercantile, residential, storage or utility and miscellaneous.
COMMERCIAL BUSINESS PROPERTY OCCUPANCY PERMIT. A document issued by the city evidencing authority to occupy a commercial business property.
EXTERMINATION. The control and elimination of insects, rodents or other pests by eliminating the harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other recognized and legal pest elimination methods approved by the Inspector.
GARBAGE. Animal or vegetable waste resulting from the handling, preparation, cooking or consumption of food, and shall also mean combustible waste material in accordance with the city's burning regulations.
INSPECTION, FOLLOW-UP. One of a number of re-inspections of a commercial business/property following an initial inspection, designed to determine and achieve compliance with deficiencies noted in the initial and any other follow-up inspection.
INSPECTION, INITIAL. A periodic inspection of a commercial business/property conducted to determine compliance with the provisions of this chapter, whether initiated by the Inspector or by written complaint.
INSPECTOR. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. May also be known as CODE OFFICIAL.
OPERATION. Any person who has charge, care or control of a building or part thereof, in which commercial businesses/properties are let. May also be known as OPERATOR.
OWNER. Any person who, alone or jointly or severally with others: shall have legal title to any commercial property, with or without accompanying actual possession thereof; or shall have charge, care or control of any commercial business/property, as owner or agent of the owner, or as executor, administrator, 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 chapter to the same extent as if the representative were the OWNER.
OWNER’S DUTIES. It shall be the duty of every owner to keep and maintain all commercial businesses/properties in compliance with all applicable state laws and regulations and local ordinances and to keep such property in good and safe condition. This chapter is not intended to, nor shall its effect be, to limit any other enforcement remedies which may be available to the City of Newton against an owner, occupant or guest thereof.
PLUMBING. All of the following supplied facilities and equipment: gas pipes; gas burning equipment; water pipes; garbage disposal unit waste pipes; water closet sinks; dishwashers; lavatories; bathtubs; shower baths; clothes washing machines; catch basins; drains; vents; and any other similar supplied fixtures, together with all connections and to water, sewer or gas lines.
REFUSE. Waste material, except human waste, including garbage, rubbish, ashes and dead animals.
RENT. Any form of payment, including but not limited to, cash, services, or other valuable considerations, provided as a condition of occupying a commercial business/property owned by the occupant.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, mobile homes and other similar items.
TENANT. Any person who has the right of occupancy, either singly or with others, of a commercial business/property.
(Ord. 2449, passed 7-1-2024)