A. General:
1. Scope: Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings shown in this section.
2. Interchangeability: Words stated in the present tense include the future; words stated 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 not defined in this chapter and are defined in the building, plumbing or mechanical codes adopted in title 8 of this code, such terms shall have the meanings ascribed to them as in those codes.
4. Terms Not Defined: Where terms are not defined, through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
5. Parts: Whenever the words "dwelling unit", "dwelling", "premises", "building", "rooming house", "rooming unit", "story", or "structure" are stated in this chapter, they shall be construed as though they were followed by the words "or any part thereof". (Ord. 1668, 4-6-1998)
B. Definitions:
APPROVED: Approved by the code official.
BASEMENT: That portion of a structure which is partly or completely below grade.
BATHROOM: A room containing plumbing fixtures including a bathtub or shower.
BUILDING: Any structure occupied or intended for supporting or sheltering any occupancy.
BUILDING CODE: The building code officially adopted by the legislative body of this jurisdiction, or other such codes officially designated by the legislative body of the jurisdiction for the regulation of construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of buildings and structures.
CODE OFFICIAL: The official who is charged with the administration and enforcement of this chapter, or any duly authorized representative.
COMPOSTABLE MATERIAL: Leaves, grass clippings, garden debris, brush, tree clippings and other plant material (accumulated as the result of maintenance of on site lawns, shrubbery, vines and trees); fruits; vegetables; eggshells; coffee grounds; houseplant materials and cut flowers.
COMPOSTING: A controlled biological reduction of compostable material to humus.
CONDEMN: To adjudge unfit property for occupancy.
CONSTRUCTION DOCUMENTS: All the written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of the project necessary for obtaining a building permit. The construction drawings shall be drawn to the appropriate scale.
DORMITORY: A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group.
DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EXTERIOR PROPERTY: The open space on the premises and on adjoining property under the control of owners or operators of such premises.
EXTERMINATION: The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.
GARBAGE: The animal and vegetable waste resulting from the 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 spaces, and similar areas are not considered habitable spaces.
HOTEL: Any building containing six (6) or more guestrooms, intended or designed to be occupied, or which are rented or hired out to be occupied, for sleeping purposes by guests.
INFESTATION: The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.
INOPERABLE MOTOR VEHICLE: Any motor vehicle from which, for a period of at least seven (7) days, wheels or other parts have been removed or on which the engine, wheels, or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. "Inoperable motor vehicle" shall not include a motor vehicle which has been driven under its own motor power in order to perform ordinary service or repair operations, provided that repair operations in no way shall last more than seven (7) days.
LET FOR OCCUPANCY OR LET: To permit possession or occupancy of a dwelling, dwelling unit, rooming unit, building or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
OCCUPANCY: The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT: Any person living or sleeping in a building, or having possession of a space within a building.
ONE-UNIT DWELLING: A building containing one dwelling unit with not more than five (5) lodgers or boarders.
OPENABLE 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 is let or offered for occupancy.
OWNER: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person ordered to take possession of real property by a court.
PERSON: An individual, corporation, partnership or any other group acting as a unit.
PLUMBING: The practice, materials and fixtures utilized in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances within the scope of the plumbing code listed in subsection 6-3-1A4 of this chapter.
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 wastewater, 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 any structures thereon.
PUBLIC NUISANCE: Includes the following:
1. The physical condition or occupancy of any premises regarded as a public nuisance at common law; or
2. Any physical condition 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; or
3. Any premises that has unsanitary sewerage or plumbing facilities; or
4. Any premises designated as unsafe for human habitation; or
5. Any premises that is manifestly capable of being a fire hazard, or is manifestly unsafe or unsecure so as to endanger life, limb or property; or
6. Any premises from which the plumbing, heating or facilities required by this chapter 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; or
7. Any premises that is unsanitary, or that is littered with rubbish or garbage, or that has an uncontrolled growth of weeds in excess of eight inches (8") in height; or
8. Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises; or
9. All stagnant water in which mosquitoes, flies, or other similar nuisance insects breed or are likely to breed, unless the water is treated to effectively prevent such breeding or contains natural predators that effectively prevent such breeding; or
10. To discharge sump pumps in a location which does not provide at least five feet (5') of pervious surface between the point of discharge and any property line, unless such discharge is:
a. Into any open drainage ditch located within the site or on public right of way; or
b. Into a storm sewer, provided that adequate capacity exists in the system and that the hydraulic grade of the system will not cause a backup into buildings on the premises or other premises.
REGISTERED DESIGN PROFESSIONAL: An architect or engineer, registered or licensed to practice professional architecture or engineering, as defined by the statutory requirements of the professional registration laws of the state in which the project is to be constructed.
ROOMING HOUSE: A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one-family dwelling or a two-family dwelling.
ROOMING UNIT: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
RUBBISH: Combustible and noncombustible waste materials, except garbage; 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, parts intended for use on a motor vehicle, body parts of motor vehicles, tires, plastic containers, crates, barrels, pallets, furniture not intended or designed for outdoor use, carpeting, carpet padding, appliances, construction debris and similar types of materials.
STREET/HIGHWAY: The entire width between the boundary lines of every way which is publicly owned or maintained, when any part thereof is open to use of the public for vehicular traffic.
STRUCTURE: That which is built or constructed or a portion thereof.
TOILET ROOM: A room containing a water closet or urinal but not a bathtub or shower.
TWO-UNIT DWELLING: A building containing two (2) dwelling units with not more than five (5) lodgers or boarders per dwelling unit.
VEHICLE: Every device, in, upon or by which any person or property is or may be transported upon a highway, except devices moved by human power.
VENTILATION: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from any space.
WORKMANLIKE: Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.
YARD: An open space on the same lot with a structure. (Ord. 1668, 4-6-1998; amd. Ord. 2147, 7-6-2004; Ord. 2234, 8-1-2005; Ord. 2262, 2-6-2006; Ord. 2293, 6-5-2006)