§ 151.002 DEFINITIONS.
   (A)   Whenever the words “dwelling,” “dwelling unit,” “rooming house,” “rooming units,” or “premises” are used in this chapter, they shall be construed as though followed by the words “or any part thereof.”
   (B)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BASEMENT. 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.
      CELLAR. 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.
      DWELLING.  Any building, including a manufactured home, which is wholly or partially used or intended to be used for living or sleeping by human occupants; provided that temporary housing shall not be regarded as a DWELLING.
      DWELLING UNIT. Any building, room, or group of rooms, including a manufactured home, 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 by human occupants.
      EXTERMINATION. 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, or trapping; or by any other recognized and legal pest elimination methods approved by the city.
      GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.
      HABITABLE ROOM. A room or enclosed floor space used or intended to be used for the purposes of living or sleeping, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces. A room or enclosed floor space used or intended to be used for the purposes of cooking or eating shall be considered as a room or space being used or intended to be used for the purpose of living under this definition.
      INFESTATION. The presence, within or around a dwelling, of any insects, rodents, or other pests.
      INSPECTOR. Police Chief, City Manager, and other persons designated by the City Manager.
      MULTIPLE DWELLING. Any dwelling containing more than two or more dwelling units.
      OCCUPANT. Any person over one year of age, living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit.
      OPERATOR. Any person who has 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. Any person who alone, jointly, or severally with others:
         (a)   Shall have legal title to any dwelling or dwelling unit, 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. Any such persons thus representing the actual owner shall be bound to comply with the provisions of this section and of any rules and regulations adopted pursuant thereto, to the same extent as if they were the OWNER.
      PLUMBING. Any 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.
      RENTAL. The leasing of a rental unit to a nonowner for a fixed or nonfixed period of time and shall include “lease to buy, contract for deed, installment sales, purchases” whereby nonpayment of a periodic payment means the occupants may be evicted without the necessity of either a statutory mortgage foreclosure procedure, a statutory termination of contract for deed procedure, or a statutory repossession procedure and other similar procedures.
      RENTAL UNIT. Any room or group of rooms located within a dwelling and forming a single habitable unit.
      ROOMING HOUSE. 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 two or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.
      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 or eating purposes.
      RUBBISH. Combustible and noncombustible waste materials except garbage, and the term shall include, but not be limited to 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.
      SUPPLIED. Paid for, furnished, or provided by or under the control of the owner or operator.
      TEMPORARY HOUSING. 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 30 consecutive days.
(Ord. 213, passed 2-7-00)