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, the plural includes the singular; the word "shall" is always mandatory. The words "dwelling", "dwelling unit", "lodging house", "rooming unit", "dormitory" and "premises" shall be construed as though they were followed by the words "or any part thereof".
(1) "Abate" means to end a nuisance, emergency or nonconformance.
(2) "Approved" means as per West Virginia State Building Code.
(3) "Basement" or "cellar" means occupancy of dwelling unit below grade. No basement or cellar shall be used as a habitable room or dwelling unit unless the floors are impervious to excessive dampness and there is adequate ventilation and means of egress. Below grade dwelling units shall have either direct access to the outdoors or demonstrable adequate window exit.
(4) "Dwelling" means any house, building or mobile home or portion thereof intended to be occupied as the place of habitation of human beings, either permanently or transiently. State-licensed health and custodial facilities are excluded.
(5) "Dwelling unit" means one or more rooms intended to be occupied for living purposes.
A. "Apartment" means a room or group of rooms intended to be occupied for living, sleeping, cooking, and eating.
B. "Fraternity house" or "sorority house" means a building, other than a hotel or motel that is occupied as a dwelling predominantly by members, candidates for membership, employees and guests of the same fraternity or sorority.
C. "Rooming unit" means a room or group of rooms intended to be occupied for living and sleeping, but not for cooking.
D. "Dormitory" means a building under single management renting sleeping accommodations to more than fifteen persons without individual bathroom or eating facilities.
E. "Boarding house" means a building under single management renting sleeping accommodations to fifteen persons or less without individual bathroom or eating facilities.
F. “Lodging house” means the same as “boarding house”.
(6) "Emergency" means a condition arising from actual or imminent failure and resulting in a health or safety hazard to occupants or dwelling.
(7) "Family" means an individual or two or more persons related to each other by blood, marriage or legal adoption, including foster children, or in the alternative, not more than three unrelated persons.
(8) "Garbage" means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(9) "Habitable space" means a space in a dwelling for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not habitable space.
(10) "Hotel" means a building under single management in which more than fifteen rooms are rented providing sleeping accommodations for transients with or without meals, having an annual turnover of room occupancy exceeding three hundred percent (300%) in which the rooms are not directly accessible from an outdoor parking area.
(11) "Housing inspector" means the Building Inspector, and such other employees, of the Town of Star City, as have been trained in conducting inspections or parts of inspections.
(12) "Inspection report" means a document issued by the Housing Inspector to show that the premises have been inspected, the date and time of such inspection and setting time periods for rectification of deficiencies noted.
(13) “Landlord” means the owner of a building including one or more dwelling units.
(14) "Letter of compliance" means a document issued by the Housing Inspector indicating the subject inspection found the premises to be in substantial compliance with this article on the date of inspection and enclosing a copy of the inspection report.
(15) "Motel" means an establishment under single management which provides lodging and parking for transients and in which the rooms are so designed to provide accessibility from an outdoor parking area and having an annual turnover of room occupancy exceeding three hundred percent (300%).
(16) "Nonconforming occupancy" means more than three unrelated persons occupying a dwelling unit and registered in accordance with the Town of Star City Zoning Ordinance.
(17) "Occupant" means any person living, sleeping, cooking or eating in, or having actual possession of a dwelling unit.
(18) "Operator" means any person, including the owner, who has charge, care or control of a building including one or more rental dwelling units.
(19) "Owner" means any person who alone, jointly or as a tenant in common with others, has legal or equitable title to any dwelling unit with or without accompanying actual possession thereof. For the purpose of this article, “owner” includes an agent of the owner empowered by the owner to act on the conditions or under the circumstances in question.
(20) "Owner-occupied single-family dwelling" means any townhouse, condominium or detached dwelling that is occupied as a dwelling by the owner. It is one dwelling unit even if no more than two roomers occupy one bedroom or dwelling.
(21) "Person" means a natural person, his or her heirs, executors, administrators, or assigns and also a firm, partnership or corporation and its, or their, successors or assigns.
(22) "Plumbing" includes the following supplied facilities and equipment: gas, water and waste pipes, sumps, drains, vents and all supplied facilities and equipment connected to them.
(23) "Premises" means a lot and its buildings and other improvements.
(24) "Rent" means payment of money, goods, labor, service or otherwise for use of a dwelling.
(25) "Rubbish" means any waste material except garbage.
(26) "Story" means that part of a building comprised between any floor and the floor or attic next above; the first story of a building is the lowest story having at least one-half of its height of one or more walls above the highest level of adjoining ground.
(27) "Supplied" means paid for, furnished, provided by, or under the control of the owner or operator.
(28) "Tenant" means an occupant of a rental dwelling unit who has signed a lease or made a verbal contract exceeding a seven consecutive day commitment.
(29) "Transient" means an individual who rents sleeping, living and sanitary facilities on a daily or weekly basis.
(30) “Promptly” means to perform readily or immediately. (Passed 7-11-00.)
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