General definitions. As used in this chapter, the
following terms shall have the meanings indicated:
APPROVED
Approved by the Housing Officer.
BASEMENT
That portion of a building which is partly or completely
below grade.
BATHROOM
A room containing plumbing fixtures including a bathtub and/or
shower.
BEDROOM
Any room or space used or intended to be used for sleeping
purposes.
CODE OFFICIAL
The official who is charged with the administration and enforcement
of this chapter 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 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
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto, all fences and walls,
and the open land space of any premises outside of any building or
structure erected thereon.
EXTERMINATION
The control and elimination of insects, rodents 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 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 or 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, rodents, vermin or other pests.
INOPERABLE MOTOR VEHICLE
A vehicle which cannot be driven upon the public streets
for reasons 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
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
Jersey, its governmental agencies or the ordinances of the Borough
of Wharton. Any physical condition existing in or on the exterior
of any premises which is potentially dangerous, detrimental or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of premises where said condition exists.
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.
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 if ordered to take possession of real
property by a court.
PERSON
An individual, corporation, partnership or any other group
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 AND/OR REFUSE
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including
but not limited to garbage; trash; ashes; paper, paper goods and products;
wrappings; cans, bottles, containers; yard clippings, garden waste;
debris; junk; glass; boxes; crockery; wood; mineral matter; plastic;
rubber; leather; furniture; household goods; appliances or parts thereof;
bedding; scrap lumber; scrap metal; construction material; inoperable
machinery or parts thereof; garden or farming implements; dead or
rotting vegetation; tires; abandoned, inoperative or unusable automobiles
and vehicles or their components; and solid commercial or industrial
waste.
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 group, 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.