For the purpose of interpreting this article, certain words, terms and expressions are herein defined. Words used in the present tense include the future; the singular number includes the plural, and vice versa; the word “shall” is always mandatory. The words “Dwelling” and “Dwelling Unit” shall be construed as though they were followed by the words “or any part thereof.”
(a) “Code” means any state or local code or ordinance adopted, enacted or in effect in and for the City relating to or concerning the fitness for habitation, construction, maintenance, operation, use or appearance of any premises or dwelling including, but not limited to, the International Property Maintenance Building, Mechanical, and Plumbing Codes, National Electric Code, NFPA Life Safety Code, State Building Code, State Fire Code, and the Code of the City of South Charleston.
(b) “Code Official” means the official designated by the Mayor to administer and enforce building code and/or similar laws and this article, or his/her duly authorized representative(s).
(c) "Dwelling" means any structure, building, house, or portion thereof, containing one or more Dwelling Units, as defined below, whether furnished or unfurnished, consisting of one or more rooms occupying all or part of a floor or floors in a building, which is occupied or intended, arranged, or designed to be occupied for residential sleeping, living, and sanitation purposes by one or more persons. "Dwelling" includes a Dwelling Unit. "Dwelling" does not include a Transient Residence.
(d) "Dwelling Unit" means a single unit within a Dwelling, whether furnished or unfurnished, consisting of one or more rooms occupying all or part of a floor or floors in a building, which is occupied or intended, arranged, or designed to be occupied for residential sleeping, living, and sanitation purposes by one or more persons. The "Dwelling Unit" does not include a unit in a Transient Residence.
(e) “Nuisance” means any building, structure, dwelling unit, premise, yard, grounds, or property that is in a dilapidated, unsafe, hazardous or unsanitary condition due to the number and or type of Code violations; that interferes with the use or enjoyment of adjacent property; injures adjacent property; or poses a significant danger to or adversely affects the health, safety or welfare of the surrounding community which includes but is not limited to conduct of the tenants, residents, invitees or guests that generate, enable or contribute to the requirement of frequent or intensive law enforcement action.
(f) “Operator”, “Agent”, or “Manager” means any person who has legal and/or contractual charge, care or control of a Dwelling and/or Dwelling Unit, or Premises, as defined below, which is let or offered for occupancy.
(g) “Owner” or “Landlord” means any person, agent, operator, firm or corporation having a legal or equitable interest in a Dwelling, or recorded in the official records of the state, county or municipality as holding title to the Dwelling and/or the real property upon which the Dwelling is situate, or otherwise having control of the Dwelling and/or the real property upon which the Dwelling is situate, or their duly authorized agents.
(h) “Person” means an individual, firm, corporation, association, partnership or public entity.
(i) "Premises" means a lot, plot or parcel of land upon which any Dwelling is/are situate.
(j) "Rent" or "Let" means to permit possession or occupancy of a Dwelling or Dwelling Unit by one or more individuals who is not the Owner of the Dwelling or an immediate family member of such Owner, pursuant to a written or unwritten lease or other agreement, regardless of compensation paid by the occupant(s) for such lease and duration of time in which such lease is in effect.
(k) "Residential" means any residence in which an individual or individuals reside. "Residential" does not include a Transient Residence.
(l) "Residential Property" or "Residential Rental Unit" means a property used or intended to be used for residential purposes.
(m) "Residential Rental License" means a document issued by the City to the Owner of a Dwelling, granting permission to operate the Dwelling in the City. A Residential Rental License is required for lawful rental and occupancy of Dwellings and/or Dwelling Units under this article, unless the Dwelling is exempt from the license provisions of this article.
(n) "Structure Unfit for Human Occupancy" means a structure that is unsafe, unlawful or because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by the relevant Codes or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
(o) "Tenant" means an occupant in a Dwelling and/or Dwelling Unit by other than the Owner secured by an agreement between Owner and Tenant regardless of whether the agreement is written or unwritten, regardless of whether the owner receives consideration for the occupancy, and regardless of duration of occupancy.
(p) "Transient Residence" means hotel, motel, inn, bed and breakfast, or other similar facility that either (1) employs staff with staff present at the Dwelling while any Tenant is present or (2) is Owner-occupied or Operator-occupied while any Tenant is present.
(q) "Unsafe Equipment" means any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid container, plumbing or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. The lack of any mandatory safety equipment as required in Section 712.12 or any mandatory agreement term as required in Section 712.13 shall be considered "Unsafe Equipment" for purposes of this article.
(r) "Unsafe Structure" means one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is reasonably possible.
(Ord. 2116. Passed 12-18-08; Ord. 2335. Passed 1-19-23.)