The following definitions shall apply in the interpretation and enforcement of this chapter:
(1) “Accessory Building or Structure” means a detached building or structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises.
(2) “Appropriate Authority” means that person within the governmental structure of the corporate unit who is charged with the administration of the appropriate code.
(3) “Approved” means approved by the local or state authority having such administrative authority.
(4) “Ashes” means the residue from the burning of combustible materials.
(5) “Attic” means any story situated wholly or partly within the roof, and so designed, arranged or built as to be used for business, storage, or habitation.
(6) “Basement” means the lowest story of a building, below the main floor and wholly or partially lower than the surface of the ground.
(7) “Building” means a fixed construction with walls, floor and roof, such as an apartment, house, factory, garage, etc.
(8) “Bulk Container” means any metal garbage, rubbish, and/or refuse container having a capacity of two (2) cubic yards or greater and which is equipped with fittings for hydraulic and/or mechanical emptying, unloading and/or removal. It must be equipped with a lid adequate to prevent intrusion by rodents.
(9) “Cellar” means a room or group of rooms totally below the ground level and usually under a building.
(10) “Central Heating System” means a single system supplying heat to one (1) or more dwelling unit(s) or more than one (1) rooming unit.
(11) “Chimney” means a vertical masonry shaft of reinforced concrete, or other approved noncombustible, heat-resisting material enclosing one (1) or more flues, for the purpose of removing products of combustion from solid, liquid or gaseous fuel.
(12) “Dilapidated” means no longer adequate for the purpose or use for which it was originally intended.
(13) “Dormitory” means a building or a group of rooms in a building used for institutional living and sleeping purposes by four (4) or more persons.
(14) “Dwelling” means any enclosed space wholly or partly used or intended to be used for living, sleeping, cooking and eating; provided that temporary housing as hereinafter defined shall not be classified as a dwelling. Industrialized housing and modular construction which conform to nationally accepted industry standards and used or intended for use for living, sleeping, cooking and eating purposes shall be classified as dwellings.
(15) “Dwelling Unit” means a room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used by a single family for living, sleeping, cooking and eating purposes.
(16) “Egress” means an arrangement of exit facilities to assure a safe means of exit from buildings.
(17) “Extermination” means the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the local or state authority having such administrative authority.
(18) “Fair Market Value” means a price at which both buyers and sellers are willing to do business.
(19) “Family” means one or more individuals living together and sharing common living, sleeping, cooking, eating facilities. (See also Household.)
(20) “Flush Water Closet” means a toilet bowl which is flushed with water which has been supplied under pressure and equipped with a water sealed trap above the floor level.
(21) “Garbage” means the animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food.
(22) “Grade” means the finished ground level adjacent to a required window.
(23) “Guest” means an individual who shares a dwelling unit in a nonpermanent status for not more than thirty (30) days.
(24) “Habitable Room” means 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, furnace rooms, pantries, kitchenettes and utility rooms of less than fifty (50) square feet of floor space, foyers, or communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas.
(25) “Heated Water” means water heated to a temperature of not less than 120 degrees F at the outlet.
(26) “Heating Device” means all furnaces, unit heaters, domestic incinerators, cooking and heating stoves and ranges, and other similar devices.
(27) “Household” means one or more individuals living together in a single dwelling unit and sharing common living, sleeping, cooking and eating facilities. (See also Family.)
(28) “Housing Inspector” means that person(s) or organization assigned by the Mayor to carry out the administration of this chapter.
(29) “Infestation” means the presence of within or around a dwelling of any insects, rodents, or other pests.
(30) “Kitchen” means any room used for the storage of foods, preparation of foods and containing the following equipment: sink and/or other device for dishwashing, stove, refrigerator, cabinets and/or shelves for storage of equipment and utensils, and counter or table for food preparation.
(31) “Kitchenette” means a small kitchen or an alcove containing cooking facilities.
(32) “Lead-Based Paint” means any paint containing more lead than the level established by the U.S. Consumer Product Safety Commission as being the "safe" level of lead in residential paint and paint products.
(33) “Meaning of Certain Words”. Whenever the words "dwelling", "dwelling unit", "rooming units", "premises", "structure" are used in the chapter, they shall be construed as though they were followed by the words "or any part thereof". Words used in the singular include the plural, and the plural the singular, the masculine gender includes the feminine and the feminine the masculine.
(34) “Occupant” means any individual, over one (1) year of age, living, sleeping, cooking, or eating in or having possession of a dwelling unit or a rooming unit; except that in dwelling units, a guest shall not be considered an occupant.
(35) “Operator” shall mean any person who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let.
(36) “Ordinary Summer Conditions” means a temperature 10 degrees F. below the lowest recorded temperature in the locality for the prior ten (10) year period.
(37) “Ordinary Winter Conditions” means a temperature 15 degrees F. above the lowest recorded temperature in the locality for the prior ten (10) year period.
(38) “Owner” means any person who, alone or jointly or severally with others”
A. Shall have legal title to any premise, dwelling or dwelling unit, with or without accompanying actual possession thereof, or
(Ord. 1320. Passed 12-12-89.)
B. Shall have charge, care, or control of any premise, dwelling, or dwelling unit, as owner or other such person acting in the same capacity and having the same responsibilities as the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and rules and regulations adopted pursuant thereto, the same extent as if he were the owner. (Ord. 1346. Passed 8-14-90.)
(39) “Permissible Occupancy” means the maximum number of individuals permitted to reside in a dwelling unit of a residential rental unit.
(40) “Person” means and includes any individual, firm, corporation, association, partnership, cooperative or governmental agency.
(41) “Plumbing” means and includes all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, and the installation thereof, together with all connections to water, sewer or gas lines.
(42) “Premises” means a platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure, and includes any such building, accessory structure or other structure thereon.
(43) “Privacy” means the existence of conditions which will permit an individual or individuals to carry out an activity commenced without interruption or interference either by sight or sound by unwanted individuals.
(44) “Properly Connected” means connected in accordance with all applicable code and ordinances of this Village as from time to time enforced; provided, however, that the application of this definition shall not require the alteration or replacement of any connection in good working order and not constituting a hazard to life or health.
(45) “Rodent Harborage” means any conditions or place where rats, mice, bats, or other rodents can live, nest, or seek shelter.
(46) “Rodent-proofing” means a form of construction which will prevent the ingress or egress of rodents to or from a given space or building, or from gaining access to food, water, or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings, and other places that may be reached and entered by rodents by climbing, burrowing or other methods, by the use of materials impervious to rodent gnawing and other methods approved by the Housing Inspector.
(47) “Refuse” means all putrescible and nonputrescible solids (except body wastes) including garbage, rubbish, ashes, and dead animals.
(48) “Refuse Container” means a watertight container that is constructed of metal or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions, or such other containers as have been approved by the appropriate authority. Openings into the container such as covers and doors shall be tight fitting.
(Ord. 1320. Passed 12-12-89.)
(49) “Residential Rental Unit” shall be synonymous with apartment and shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping. For the purpose of this chapter, all structures will be considered rental property whether occupied or not.
(Ord. 2013-29. Passed 12-17-13.)
(50) “Rubbish” means nonbiodegradable solid wastes (excluding ashes) consisting of either:
A. Combustible wastes such as paper, cardboard, plastic containers, yard clippings, and wood; or
B. Noncombustible wastes such as tin cans, glass and crockery.
(51) “Safety” means the condition of being reasonably free from danger and hazards which may cause accidents or disease.
(52) “Space Heater” means a self-contained, heating appliance of either the convection type or the radiant type and intended primarily to heat only a limited space or area such as one room or two adjoining rooms.
(53) “Structure” means any building whether occupied or not.
(54) “Supplied” means paid for, furnished by, provided by, or under the control of the owner, operator, or agent.
(55) “Temporary Housing” means any tent, trailer, mobile home or any 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 utility system on the same premises for more than thirty (30) consecutive days.
(56) “Toxic Substance” means any chemical product applied on the surface of or incorporated into any structural or decorative material which constitutes a potential hazard to human health at acute or chronic exposure levels.
(57) “Variance” means a difference between that which is required or specified and that which is permitted.
(58) “Undefined Words”. Words not specifically defined in this chapter shall have the common definition set forth in a standard dictionary.
(59) “Uniform surface” applies to all walls, ceilings and floors and means that they shall be without holes and present an appearance of identical or compatible material. All colors shall be uniform and/or compatible with surrounding colors.
(Ord. 1320. Passed 12-12-89.)