(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. A detached structure located on or partially on any premises which is not used or not intended to be used for living or sleeping by human occupants.
APPROPRIATE AUTHORITY. The person within the governmental structure of the corporate unit charged with the administration of the appropriate code.
APPROVED. Approved by the local or state authority having such administrative authority.
ASHES. The residue from the burning of combustible material.
CENTRAL HEATING SYSTEM. A single system supplying heat to one or more dwelling unit(s) or more than one rooming unit.
CHIMNEY. A vertical masonry shaft of reinforced concrete, or other approved non- combustible, heat-resisting material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid or gas fuel.
DORMITORY. A room in any dwelling used for sleeping purposes by two or more unrelated persons.
DWELLING. Any enclosed space which is wholly or partly used to be used for living or sleeping by human occupants; provided that “temporary housing” a 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.
EXTERMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; 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 local or state authority having such administrative authority.
FAMILY. One adult person plus one or more persons who are legally related to said person and residing in the same dwelling unit with said person. In the event that this definition is inconsistent with any state or federal law relating to housing or disability, the definition contained in the state or federal law shall supersede this definition and prevail.
FLUSH WATER CLOSET. A toilet bowl flushed with water under pressure with a waste sealed trap above the floor level. Such toilet bowls shall have a smooth, easily cleanable surface.
EGRESS. A going out, emergence, the right to go out, a way cut, exit.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking, serving and non-consumption of food.
GUEST. Any person who shares a dwelling unit in a nonpermanent stays for no more than 30 days.
HABITABLE ROOM. A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding laundries, furnace rooms, pantries and utility rooms of less than 50 square feet, foyers or communicating corridors, stairways, storage spaces and workshops, hobby and recreation areas in unsealed or uninsulated parts of structure below ground level or in attics.
HEATED WATER. Water heated to a temperature of not less than 120°F.
HOUSEHOLD. A family and/or one or more unrelated persons, who share the same dwelling and use some or all of its cooking and eating facilities, including servants and not more than two boarders.
HOUSING INSPECTOR. The individual or entity authorized by Borough Council to inspect properties and any other duties set forth in this subchapter.
INFESTATION. The presence within or around a dwelling of any insects, rodents or other pests.
KITCHEN. Any room containing any or all of the following equipment or the area of a room within three feet of such equipment: sink and/or other devices for dishwashing; stove or other devices for cooking; refrigerator or other devices for cool storage of food; cabinets and/or shelves for storage of equipment and utensils; and counter or table for food preparation.
MEANING OF CERTAIN WORDS. Whenever the words “dwelling”, “dwelling unit”, “rooming house”, “rooming unit”, “premises”, “structure” are used in this subchapter, they shall be construed as though they were followed by the words “or any part thereof”.
MULTIPLE DWELLING. Any dwelling containing more than two dwelling units and/or rooming units.
OCCUPANT. Any person, over one year of age, living, sleeping, cooking or eating in or actually having possession of a dwelling unit or a rooming unit; except that in dwelling units, a guest will not be considered an occupant.
OPERATOR. Any person who has charge, care, control or management of a building, or part thereof, in which dwelling units or rooming units are left.
ORDINARY SUMMER CONDITIONS. A temperature of 10°F below the highest recorded temperature in the locality for the prior ten-year period.
ORDINARY WINTER CONDITIONS. A temperature of 15°F above the lowest recorded temperature in the locality for the prior ten-year period.
OWNER.
(a) Any person who, alone or jointly or severally with others:
1. Shall have legal title to any dwelling or dwelling unit with or without accompanying actual possession thereof; and
2. Shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner, or an executor, administrator, trustees or guardian of the estate of the owner.
(b) Any such person thus representing the actual owner shall be bound to comply with provisions of this subchapter and of rules and regulations adopted pursuant thereto to the same extent as the were the
OWNER.
PERMISSIBLE OCCUPANCY. The maximum number of persons permitted to reside in a dwelling unit or rooming unit.
PERSON. Includes any individual, firm, corporation, association or partnership.
PLUMBING. Includes all of the following supplied 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 other similar supplied fixtures, together with all connections to water, sewer or gas lines.
PREMISES. A plotted lot or part thereof or unplotted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure, and includes any such building, accessory structure of other structure thereon.
PRIVACY. The ability of a person or persons to carry out an activity commenced without interruption or interference, either by sight or sound, by unwanted persons.
REFUSE. All putrescible and non-putrescible solids (except body wastes) including garbage, rubbish, ashes and dead animals.
RENTAL PROPERTY. Any dwelling or dwelling unit, commercial, institutional or industrial premises, occupied by a tenant or tenants under a lease, written or oral, with the owner.
RESIDENT. An individual who is domiciled in the Borough of North York, or in the case of a non-individual, an entity with its principal place of business and mailing address in the borough.
ROOMING HOUSE. Any dwelling or that part of any dwelling containing one or more rooming units and/or one or more dormitory rooms.
ROOMING UNIT. 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 purposes.
RUBBISH. Non-putrescible solid wastes (excluding ashes) consisting of either:
(a) Combustible wastes such as paper, cardboard, plastic containers, yard clippings and wood; or
(b) Non-combustible wastes such as tin cans, glass and crockery.
SAFETY. The condition of being free from danger and hazard which may cause accidents or disease.
SPACE HEATER. A self-contained, heating appliance of either the circulating type or the radiant type and intended primarily to heat only one room.
SUPPLIED. Paid for, furnished by, provided by or under the control of the owner or operator.
TEMPORARY HOUSING. Any tent, trailer, mobile home or any 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 utility system on the same premises for more than 30 consecutive days.
TENANT. Any person other than the owner who occupies, resides, or is entitled to occupy or reside, in any dwelling or dwelling unit, commercial, institutional or industrial premises, with the permission, express or implied, of the owner or operator of such dwelling or dwelling unit, regardless of whether there is any written or verbal lease therefor or no lease, and regardless of whether such person pays rent or other compensation or consideration to the owner or operator of such dwelling or dwelling unit for the occupancy or right to occupy or reside in such dwelling or dwelling unit.
(B) In this subchapter, words used in the singular include the plural, and the plural includes the singular; the masculine gender includes the feminine and the feminine the masculine.
(2006 Code, § 11-201) (Ord. 6/5/2000, passed 6-5-2000; Ord. 2006-3, passed 7-10-2006)