(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTER or ALTERATION. Any change or modification in construction or occupancy.
APPROVED. Approved by the Housing Inspector.
BASEMENT. A portion of a building which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.
BUILDING. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The term BUILDING shall be construed as if followed by the words “or part thereof.”
CELLAR. A portion of a building located partly or wholly underground having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.
DETERIORATED. A dwelling is unfit for human habitation and can be repaired, altered or improved to comply with all the minimum standards established by this chapter, at a cost not in excess of 60% of its value, as determined by findings of the Inspector.
DILAPIDATED. A dwelling is unfit for human habitation and cannot be repaired, altered or improved to comply with all the minimum standards established by this chapter at a cost not in excess of 60% of its value, as determined by findings of the Inspector.
DWELLING. Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants whether or not such building is occupied or vacant; provided that temporary housing as hereinafter defined shall not be regarded as a DWELLING.
DWELLING UNITS. Any room or group of rooms 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 whether or not such unit is occupied or vacant.
EXTERMINATION. The control and elimination of insects, rodents or other pests by eliminating their harboring places; by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping or by other recognized and legal pest elimination methods approved by the Inspector.
FAMILY. One or more persons living together, who are related by blood, marriage or adoption, and having common housekeeping facilities.
FLOOR AREA. The total area of all habitable rooms in a building or structure.
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 living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, heater rooms, foyers or communicating corridors, closets and storage spaces.
INFESTATION. The presence, within or around a dwelling, of any insects, rodents or other pests in such numbers as to constitute a menace to the health, safety or welfare of the occupants or to the public.
INSPECTOR. A Housing Inspector of the town or other person charged with the administration and enforcement of this chapter, or his or her duly authorized representative.
MULTIPLE DWELLING. Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of more than two families, living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.
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.
OPENABLE AREA. That a part of 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 building, or part thereof, in which dwelling units or rooming units are let.
OWNER. The holder of the title in fee simple and every mortgage of record.
PARTIES IN INTEREST. All individuals, associations and corporations who have interests or record in a dwelling or any who are in possession thereof; or 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 person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereof, to the same extent as if he or she were the owner.
PERSON. Includes any individual, firm, corporation, association or partnership.
PLUMBING. The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and public or private water supply system, within or adjacent to any building, structure or conveyance; also the practice and materials used in the installation, maintenance, extension or alteration of storm water, liquid waste or sewerage, and water supply systems of any premises to its connection with any point of public disposal.
PREMISES. A lot, plot or parcel of land, including the buildings or structures thereon.
PUBLIC AREA. As used in this Code, an unoccupied open space adjoining a building and on the same property, that is permanently maintained accessible to the Fire Department and free of all encumbrances that might interfere with its use by the Fire Department.
REQUIRED. Required by some provision of this Code.
RESIDENTIAL OCCUPANCY. Buildings in which families or households live or in which sleeping accommodations are provided. Such buildings include, among others, the following: dwellings; multiple dwellings; lodging houses; and all dormitories.
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 three or more persons who are not members of the family 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 non-combustible waste materials except garbage, and the term shall include ashes, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.
STAIRWAY. One or more flights or stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure.
STORY. The portion of a building included between the upper surface of the floor next above, except that the topmost STORY shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.
STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term STRUCTURE shall be construed as if followed by the words “or part thereof.”
SUPPLIED. Paid for, furnished or provided by, or under 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.
UNFIT FOR HUMAN HABITATION. Conditions exist in a dwelling that render it dangerous or injurious to the health, safety, or morals of the occupants of the dwelling, the occupants of neighboring dwellings, or other residents of the town. Defective conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness. Ordinances may provide additional standards to guide the public officers, or their agents, in determining the fitness of a dwelling for human habitation.
VENTILATION. The process of supplying and removing air by natural or mechanical means to or from any space.
YARD. An open unoccupied space on the same lot, with a building extending along the entire length of a street or rear or interior lot line.
(B) Meaning of certain words. When the words “dwelling,” “dwelling unit,”“rooming unit” or “premises” are used in this chapter, they shall be construed as though they were followed by the words “or any part thereof.”
(Ord. passed 11-1-1988; Ord. passed 2-1-2000)