(A) General. Whenever the words MULTI-FAMILY DWELLING, RESIDENCE BUILDING, DWELLING UNIT, LODGING OR ROOMING HOUSE, LODGING OR ROOMING HOUSE UNIT, or PREMISES are used in this chapter, they shall be construed as though they were followed by the words, "or any part thereof".
(1) Scope. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
(2) Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.
(3) Terms defined in other codes. Where terms are noted in this chapter and are defined in the Building, Plumbing and/or Mechanical Codes, they shall have the same meanings ascribed to them as in those codes.
(4) Terms not defined. Where terms are not defined under the provisions of this chapter or under the provisions of the Building, Plumbing and/or Mechanical Codes, they shall have ascribed to them their ordinarily accepted meanings or such as the context herein may imply.
(1994 Code, § 6-2-19)
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED. As applied to a material, device or method of construction, by the Code Official under the provisions of this chapter, or approved by other authority designated by law to give approval in the matter in question.
BASEMENT. That portion of a building which is partly below and partly above grade, and having at least one-half its height above grade. See CELLAR.
BUILDING CODE. The Building Code officially adopted by the legislative body of this jurisdiction, or such other code as may be officially designed by the legislative body of the jurisdiction for the regulation of construction, alteration, addition, repair, removal, demolition, use location, occupancy and maintenance of buildings and structures.
BUILDING INSPECTOR. The official designated by the jurisdiction to enforce building, zoning or similar laws, or a duly authorized representative.
CELLAR. That portion of a building which is partly or completely below grade and having at least one-half its height below grade.
CENTRAL HEATING. The heating system permanently installed and adjusted so as to provide the distribution of heat to all habitable rooms, bathrooms and water closet compartments from a source outside of these rooms.
CODE OFFICIAL. The official who is charged with the administration and enforcement of this chapter, or any duly authorized representative.
CONDEMN. To adjudge unfit for use or occupancy.
CONDEMNATION. The act of judicially condemning.
DWELLING UNIT. One or more rooms in a residential structure which are arranged, designed, used or intended for use by one family plus not more than four lodgers for living or sleeping purposes, and which include complete kitchen facilities permanently installed.
DWELLINGS.
(a) BOARDING HOUSE. A building other than a hotel or restaurant where meals are provided for compensation to three or more persons but not more than ten, who are not members of the keeper's family.
(b) DORMITORY. Any building containing 11 or more rooming or dormitory units. A dormitory also provides a public restroom, a laundry room, foyer, storage space for out-of-season articles of the residents, public lounge and recreational space for the use of residents.
(c) DORMITORY ROOM. A habitable room used or intended to be used by four or more individuals for sleeping or study purposes, excluding bathrooms, toilet rooms, laundries, pantries, foyers, communicating corridors, closets, storage space and stairwells.
(d) HOTEL. An establishment containing lodging accommodations designed for use by transients, travelers or temporary guests, with no provisions in such accommodations for cooking in any individual room or suite. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service.
(e) MULTI-FAMILY APARTMENT BUILDING. A building or portion thereof, designed or altered for occupancy by three or more families living independently of each other.
(f) ONE-FAMILY DWELLING. A dwelling unit designed for the occupancy of one family.
(g) ROOMING HOUSE. A building in which sleeping quarters (but not meals or cooking facilities) are provided by pre-arrangement for compensation on a weekly or longer basis for three or more persons.
(h) TWO-FAMILY DWELLING. A building containing two separate dwelling units with not more than five lodgers or boarders per family.
ENFORCEMENT OFFICER. The official designated herein or otherwise charged with the responsibilities of administering this chapter, or the official's authorized representative.
EXTERIOR PROPERTY AREAS. The open space on the premises and on adjoining property under the control of owners or operators of the premises.
EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination.
FAMILY. One or more persons related by blood, marriage or adoption (excluding servants), or a group of not more than three (including servants and roomers) who need not be related by blood, marriage or adoption, living together and maintaining a common household, but not including sororities, fraternities or other similar organizations.
GARBAGE. The animal and vegetable waste resulting from handling, preparation, cooking and consumption of food.
HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered HABITABLE SPACE.
HOTEL. See DWELLINGS.
INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
LET FOR OCCUPANCY or LET. To permit possession or occupancy of a dwelling, dwelling unit, rooming unit, building or structure by a person who shall be legal owner or not be the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or licensee, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
LODGING OR ROOMING HOUSE. A building with more than three guest spaces where lodging is provided for compensation pursuant to previous arrangement, but not open on a daily, overnight or per meal basis to transient guests.
LODGING OR ROOMING HOUSE UNIT. A habitable room used or intended to be used by up to three individuals for sleeping purposes, excluding bathrooms, toilet rooms, laundries, pantries, foyers, communicating corridors, closets, storage space and stairwells.
MAINTENANCE. Conformance of a building and its facilities to the chapter under which the building was constructed.
MOTEL. A group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels, motor lodges or other similar type uses.
MULTI-FAMILY (MULTIPLE) DWELLINGS. See DWELLINGS.
OCCUPANT. Any person over one year of age (including owner or operator) living and sleeping in a dwelling unit or having actual possession of the dwelling or rooming unit.
OPENING AREA. The part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR. Any person who has charge, care or control of a structure or premises which are let or offered for occupancy.
OWNER. Any person, agent, firm or corporation having a legal or equitable interest in the property.
PERSON. Includes a corporation or co-partnership as well as an individual.
PLUMBING. The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping fixtures, appliances and appurtenances within the scope of the Plumbing Code.
PLUMBING FIXTURE. A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom; or discharges used water, liquid-borne waste materials or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a discharge to the drainage system of the premises.
PREMISES. A lot, plot or parcel of land including the buildings or structures therein.
PUBLIC NUISANCE. Includes the following:
(a) The physical condition, or use of any premises regarded as a public nuisance at common law;
(b) Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;
(c) Any premises which have unsanitary sewerage or plumbing facilities;
(d) Any premises designated as unsafe for human habitation or use;
(e) Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or insecure as to endanger life, limb or property;
(f) Any premises from which the plumbing, heating and/or facilities required by this Code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided;
(g) Any premises which are unsanitary, or which are littered with rubbish or garbage, or which have an uncontrolled growth of weeds; or
(h) Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and is dangerous to anyone on or near the premises.
RENOVATION. A building and its facilities made to conform to present day minimum standards of sanitation, fire prevention and safety.
RESIDENCE BUILDING. A building in which sleeping accommodations or sleeping accommodations and cooking facilities as a unit are provided; except when classified as an institution under the Building Code.
RUBBISH. Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
SANITARY. Rules and conditions of health; especially, of absence of dirt and agents of infection or tending to promote health and healthful conditions.
STRUCTURE. Anything constructed or erected which requires location on the ground or is attached or something having location on the ground, including a fence or free-standing wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a STRUCTURE.
SUPPLIED. Installed, furnished or provided by the owner or operator.
VENTILATION. The process of supplying and removing air by natural or mechanical means to or from any space.
(a) Ventilation by power-driven devices.
(b) Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks without wind-driven devices.
WORKING DAYS. Those days during which the Village Hall is open for business.
WORKMANLIKE. Whenever the words "workmanlike state of maintenance and repair" are used in this chapter, they shall mean that the maintenance and repair shall be made in a reasonably skillful manner.
YARD. An open unoccupied space on the same lot with a building extending along the entire length of the street, or rear or interior lot line.
(1994 Code, § 6-2-20)