The following definitions shall apply in the interpretation and enforcement of this Housing Code:
(a) "Basement" means a portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
(b) "Board" means the City Board of Appeals.
(c) "Building Official" means the legally employed Building Official holding a Class I certification, issued by the State of Ohio Department of Commerce Board of Building Standards or his authorized representative.
(d) "Cellar" means a portion of a building located partly or wholly underground, and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
(e) "Dwelling" means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants and includes "rental dwellings"; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.
(f) "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 and includes "rental dwelling unit".
(g) "Extermination" means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods approved by the Building Official.
(h) "Garbage" means that animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(i) "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 doors, closets and storage spaces.
(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, 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) “Organization” means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity.
(p) “Owner” means 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; or
(2) 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. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Housing Code and of rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
(q) “Person” means and includes any individual, firm, corporation, association or partnership.
(r) “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 any other similar supplied fixtures, together with all connections to water, sewer or gas lines.
(s) “Rental dwelling” means any dwelling which is rented, let, leased or similar arrangement to someone other than the person holding title to subject property where the owner received either money, services or other consideration for the use of such dwelling.
(t) “Rental dwelling unit” means any dwelling unit which is rented, let, leased or similar arrangement to someone other than the person holding title to subject property where the owner receives either money, services or other consideration for the use of such dwelling unit.
(u) “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.
(v) “Rooming house” means any 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 husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.
(w) “Rubbish” means combustible and noncombustible waste materials, except garbage; and includes 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.
(x) "Security deposit” means any deposit of this section money or property to secure performance by the tenant under a tenancy agreement.
(y) “Supplied” means paid for, furnished or provided by or under the control of, the owner or operator.
(z) “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 on the same premises for more than thirty consecutive days.
(aa) “Transient occupancy” means occupancy which is less than two weeks in duration in the same or similar units owned by the same owner.
(bb) “Tenancy agreement” means any agreement or lease, written or oral, which establishes or modified the terms, conditions, rules or any other provisions concerning the use and occupancy of residential premises by one of the parties.
(cc) “Meaning of certain words”. Whenever the words “dwelling”, “dwelling unit”, “rental dwelling”, “rental dwelling unit”, “premises”, are used in this Code, they shall be construed as though they were followed by the words “or any part thereof”. (1967 Code Sec 156.03)
(dd) “Housing Code” or “this Code” as used in this Title Seven means Ordinance 43-59, passed December 21, 1959, as amended.
(Ord. 17-98. Passed 8-17-98; Ord. 9-09. Passed 3-2-09.)