For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
ACCESSORY STRUCTURE. A subordinate building or use, whether attached or detached, that is located upon the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of the building or main use.
APPROVED. When used in reference to the design and capabilities of physical systems of a dwelling, approved shall mean having passed the inspection of the Compliance Official. The basis for passage of the inspection shall be an analysis of the effective state codes and an analysis of the degree to which the systems meet the standards established by the codes. It shall be the objective of the Compliance Official, unless otherwise specified, to establish minimum qualifications for approval of the system, which qualifications can maintain substantial compliance with the effective state codes and can be achieved in a reasonably economical and practical manner.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
COMPLIANCE OFFICIAL. The Building Official and his or her designated agents authorized to administer and enforce this chapter.
DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, motels and boarding houses.
DWELLING - MULTIPLE-FAMILY (APARTMENTS). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits.
DWELLING - SINGLE-FAMILY. A dwelling designed exclusively for occupancy by one family.
a. ATTACHED. A dwelling which is joined to another at one or more sides by a party wall.
b. DETACHED. A dwelling unit not attached to another dwelling or structure.
DWELLING - TWO-FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other.
a. DOUBLE BUNGALOW. A two-family dwelling with two units side by side.
b. DUPLEX. A two-family dwelling with one unit above the other.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by one family, but not including hotels, motels, lodging establishment, nursing homes, boarding or rooming houses or recreational vehicles.
FAMILY. See HOUSEHOLD.
FLUSH WATER CLOSET. A toilet, with a bowl and trap made in one piece, which is connected to the city water and sewer system or other approved water supply and sewer supply.
GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HABITABLE BUILDING. Any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons.
HABITABLE ROOM. 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, furnace rooms, unfinished basements (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces and workshops, hobby and recreation areas in parts of the structure below ground level or in attics.
HEATED WATER. Water heated to a temperature of not less than 120°F, or the lesser temperature required by government authority, measured at faucet outlet.
HOUSEHOLD. The following are included in the term HOUSEHOLD as the term is used in this chapter:
a. An individual; or
b. A group of not more than three individuals, none of whom are related by blood, marriage, adoption or foster care, but all of whom are maintaining a common residence and using common cooking and kitchen facilities; or
c. Up to two adult individuals, whether related or unrelated, residing in the same dwelling unit and maintaining a common residence and common cooking and kitchen facilities and the dependent child(ren) of each, if any; or
d. The combination of paragraphs a. and c. above.
KITCHEN. A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment and adequate space for the storage of cooking utensils.
LEASE. An agreement to rent. (For use as a verb, see RENT.)
OCCUPANT. Any person (including owner or operator) sleeping, cooking and eating in a dwelling unit.
OPERATOR. The person or enterprise, or its agent, who is owner or proprietor of a rental dwelling or rental dwelling unit, whether in the capacity of owner, lessor, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs their functions through a rental agent, the managing agency or the rental agent has the same duties as the principal.
OWNER. Any person, firm or corporation who, alone, jointly or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling or dwelling units within the city as title holder, employee or agent of the title holder or as trustee or guardian of the estate or person of the title holder. Any person representing the actual title holder shall be bound to comply with the provisions of this chapter to the same extent as the title holder.
PERMISSIBLE OCCUPANCY. The maximum number of persons permitted to reside in a dwelling unit.
PERSON. An individual, firm, partnership, association, corporation or joint venture or organization of any kind.
PLUMBING. All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam 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 fixtures and the installation thereof, together with all connections to water, sewer and gas lines.
PREMISES. A platted lot or part thereof or unplatted parcel of land occupied by any dwelling or non-dwelling structure, including any building, accessory structure or other structure thereon.
PUBLIC HALL. A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family.
REFUSE. All putrescible and non-putrescible waste solids, including garbage and rubbish.
REMUNERATION. Compensation, money, or other consideration given in return for occupancy, possession, or use of real property.
RENT. The consideration or remuneration charged whether or not received, for the occupancy or use of another's property as a rental dwelling or rental dwelling unit, valued in money, whether to be received in money, goods, labor, or otherwise, including all receipts, cash, credits, property, or services of any kind. Rent may include consideration or remuneration received pursuant to an option to purchase whereby a person is given the right to possess the property for a term of less than 30 days.
RENTAL DWELLING. A dwelling let for rent or lease.
RENTAL DWELLING UNIT. A dwelling unit let for rent or lease.
REPAIR. To restore to a sound and acceptable state of operation, serviceability or appearance.
RODENT HARBORAGE. Any place where rodents can live, nest or seek shelter.
RUBBISH. Non-putrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials.
SAFETY. The condition of being reasonably free from danger and hazards which may cause accidents or disease.
SHORT-TERM RENTAL UNIT. Any structure, any portion of any structure, rental dwelling or rental dwelling unit that is rented to a transient for less than 30 consecutive days in a residential district or residential planned unit development district.
SUBSTANDARD DWELLING. Any dwelling which does not conform to the minimum standards established by city ordinances.
SUPPLIED. Paid for, furnished by, provided by or under the control of the owner, operator or agent of a dwelling.
TRANSIENT. Any person who, at their own expense or at the expense of another, exercises occupancy or possession, or is entitled to occupancy or possession, by reason of any rental agreement, concession, permit, right of access, option to purchase, license, time sharing arrangement, or any other type of agreement for a period of less than 30 consecutive calendar days.
(1987 Code, § 1004.02) (Ord. 272, passed 4-12-1993; Am. Ord. 533, passed 9-26-2016; Am. Ord. 546, passed - -2017)