§ 18-120. Definitions.

(a)

Scope. Unless otherwise expressly stated, the following terms shall, for the purpose of this article, have the meanings indicated in this section. Whenever the words "multifamily dwelling," "residence building," "dwelling unit," "lodginghouse or roominghouse," "lodging house unit or rooming house unit" or "premises" are used in this article, they shall be construed as though they were followed by the words "or any part thereof."

(b)

Terms defined in other codes. Where terms are not defined in this article and are defined in the building, plumbing and/or mechanical codes, they shall have the same meanings ascribed to them as in those codes.

(c)

Terms not defined. Where terms are not defined under the provisions of this article 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.

(d)

Applied meaning of words and terms.

Approved means, as applied to a material, device, or method of construction, approved by the code official under the provisions of this article, or approved by other authority designated by law to give approval in the matter in question.

Basement means that portion of a building which is partly below and partly above grade, and having at least one-half its height above grade. See definition of "cellar."

Building code means the building code officially adopted by the legislative body of this jurisdiction, or such other code as may be officially designated 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 official means the official designated by the jurisdiction to enforce building, zoning or similar laws, or a duly authorized representative.

Cellar means that portion of a building which is partly or completely below grade and having at least one-half its height below grade. See definition of "basement."

Central heating means 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 means the official who is charged with the administration and enforcement of this article, or any duly authorized representative.

Condemn means to adjudge unfit for use or occupancy.

Condemnation means the act of judicially condemning.

Dwelling unit means 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 means "boardinghouse," which is 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.

Dormitory means 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.

Dormitory room means 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.

Enforcement officer means the official designated herein or otherwise charged with the responsibilities of administering this article, or the official's authorized representative.

Exterior property areas means the open space on the premises and on adjoining property under the control of owners or operators of such premises.

Extermination means 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 methods.

Family means one or more persons related by blood, marriage or adoption (excluding servants), or a group of not more than three persons (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 means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Habitable space means 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 means 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.

Infestation means the presence, within or contiguous to, a structure or premises, of insects, rats, vermin or other pests.

Junk vehicle means any vehicle that is without a currently valid license plate or plates and is in either a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative, or abandoned condition. A junk vehicle shall be classified as to its condition in one of the two following categories:

(1)

Restorable. A junk vehicle that is in a condition whereby repairs to the same could be made to place it in operating condition without exceeding the estimated value when repaired.

(2)

Wreck. A junk vehicle in such condition that it is economically unsound to restore the same to operating condition considering the repairs to be made, age of the vehicle, market value of the vehicle if it were restored or in such condition that the public officer determines that it warrants such classification.

The code official shall make the final determination as to the classification to be assigned to any one particular vehicle.

Let for occupancy or let means 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 license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

Lodginghouse or roominghouse means 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 house unit or rooming house unit means 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 means conformance of a building and its facilities to the code under which the building was constructed.

Motel means 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.

Multifamily apartment building means a building or portion thereof, designed or altered for occupancy by three or more families living independently of each other.

Multifamily (multiple) dwellings. See definition of "dwellings."

Occupant means any person over one year of age (including owner or operator) living and sleeping in a dwelling unit or having actual possession of said dwelling or rooming unit.

One-family dwelling means a dwelling unit designed exclusively for and occupancy by one family.

Opening area means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Operator means any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

Owner means any person, agent, firm, or corporation having a legal or equitable interest in the property.

Plumbing means 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 means 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 means a lot, plot or parcel of land including the buildings or structures thereon.

Public nuisance means and includes the following:

(1)

The physical condition, or use of any premises regarded as a public nuisance at common law;

(2)

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;

(3)

Any premises which has unsanitary sewerage or plumbing facilities;

(4)

Any premises designated as unsafe for human habitation or use;

(5)

Any premises which is manifestly capable of being a fire hazard, or is manifestly unsafe or insecure as to endanger life, limb or property;

(6)

Any premises from which the plumbing, heating and/or facilities required by this article 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;

(7)

Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds; or

(8)

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 means a building and its facilities made to conform to present day minimum standards of sanitation, fire and life safety.

Residence building means 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 means 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, in cans, metals, mineral matter, glass, crockery and dust and other similar materials.

Sanitary means rules and conditions of health (especially, of absence of dirt and agents of infection or disease) tending to promote health and healthful conditions.

Structure means anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or freestanding wall. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure.

Supplied means installed, furnished or provided by the owner or operator.

Two-family dwelling means a building containing two dwelling units with not more than five lodgers or boarders per family.

Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space.

(1)

Mechanical. Ventilation by power-driven devices.

(2)

Natural. Ventilation by opening to outer air through windows, skylights, doors, louvers, or stacks without wind-driven devices.

Workmanlike means, whenever the words "workmanlike state of maintenance and repair" are used in this article, that such maintenance and repair shall be made in a reasonably skillful manner.

Yard means an open unoccupied space on the same lot with a building extending along the entire length of street, or rear or interior lot line.

(Code 1978, § 1710.12; Ord. No. 4343-3-90, 3-6-1990)