As used in this Part 3, the following terms
shall have the meanings indicated:
APPROVED
Approved by the Code Enforcement Constable.
BASEMENT
That portion of a building which is partly or completely
below grade.
BATHROOM
A room containing plumbing fixtures including a toilet, bidet,
urinal, bathtub or shower.
BEDROOM
Any room or space used or intended to be used for sleeping
purposes.
CODE ENFORCEMENT CONSTABLE
The official who is charged with the administration and enforcement
of this code, or any duly authorized representative.
CONDEMN
To adjudge unfit for occupancy.
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.
EASEMENT
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above a said lot or lots.
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.
FILTERING
Covering for a lamp or other light source with a glass or
other translucent enclosure of the light source.
[Added 2-17-2017 by Ord.
No. 530]
FOOTCANDLE
A unit of measure of the intensity of light falling on a
surface, originally defined with reference to a standardized candle
burning at one foot from a given surface, and measured with a light
meter.
[Added 2-17-2017 by Ord.
No. 530]
FULLY SHIELDED LIGHT SOURCE
Outdoor residential light fixtures shielded or constructed
so that no direct light rays that are emitted by the light fixture
are permitted to go beyond the property lines of the lot on which
the light source is located.
[Added 2-17-2017 by Ord.
No. 530]
GARBAGE
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
GUARD
A building component or a system of building components located
at or near the open sides of elevated walking surfaces that minimizes
the possibility of a fall from the walking surface to a lower level.
HABITABLE SPACE
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage of utility spaces,
and similar areas are not considered habitable spaces.
HOUSEKEEPING UNIT
A room or group of rooms forming a single habitable space
equipped and intended to be used for living, sleeping, cooking and
eating which does not contain, within such a unit, a toilet, lavatory
and bathtub or shower.
IMMINENT DANGER
A condition which could cause serious or life-threatening
injury or death at any time.
INFESTATION
The presence, within or contiguous to, a structure or premises
of insects, rats, vermin or other pests.
INOPERABLE MOTOR VEHICLE
A vehicle which cannot be driven upon the public streets
for reason including but not limited to being unlicensed, wrecked,
abandoned, in a state of disrepair, or incapable of being moved under
its own power.
LABELED
Devices, equipment, appliances, or materials to which has
been affixed a label, seal, symbol or other identifying mark of a
nationally recognized testing laboratory, inspection agency or other
organization concerned with product evaluation that maintains periodic
inspection of the production of the above labeled items and by whose
label the manufacturer attests to compliance with applicable nationally
recognized standards.
LET FOR OCCUPANCY or LET
To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premises 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.
NUISANCE LIGHTING
Any outdoor light fixture that projects lighting output onto
nearby homes and/or properties in excess of 0.2 footcandle measured
at the light generating property line and interferes with the comfort,
convenience or health of the occupants of nearby properties or which
adversely affects their use and enjoyment of said properties shall
be considered nuisance lighting.
[Added 2-17-2017 by Ord.
No. 530]
OCCUPANCY
The purpose for which a building or portion thereof is utilized
or occupied.
OCCUPANT
Any individual living or sleeping in a building, or having
possession of a space within a building.
OPENABLE AREA
That part of a window, skylight 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.
OUTDOOR LIGHTING FIXTURE
Illuminating devices, lighting or reflective surfaces, lamps
and similar devices, permanently installed or portable that provide
illumination.
[Added 2-17-2017 by Ord.
No. 530]
OWNER
Any person, agent, operator, partnership, limited liability
company, firm, corporation, or trust 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 if ordered to take possession of real property by a
court.
PERSON
An individual, corporation, partnership or any other legal
entity acting as a unit.
PREMISES
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
PUBLIC WAY
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
ROOMING HOUSE
A building arranged or occupied for lodging, with or without
meals, for compensation and not occupied as a one or 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 and other similar
materials.
SHIELDING, LIGHT SOURCE
A device that eliminates direct light rays from a light source
in one or more directions.
[Added 2-17-2017 by Ord.
No. 530]
STRICT LIABILITY OFFENSE
An offense in which the prosecution in a legal proceeding
is not required to prove criminal intent as a part of its case. It
is enough to prove that the defendant either did an act which was
prohibited, or failed to do an act which the defendant was legally
required to do.
STRUCTURE
That which is built or constructed or a portion thereof.
TENANT
A person, corporation, partnership or other legal entity,
whether or not the legal owner of record, occupying a building or
portion thereof as a unit.
TOILET ROOM
A room containing a water closet or urinal but not a bathtub
or shower.
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.