Applied Meaning of Words and Terms.
ABATEMENT
The reduction of, removal of or encapsulation of lead, followed
by thorough clean up and post clean up treatment, from the surfaces
and sources that promote exposure resulting in the possibility of
lead toxicity or poisoning, which abatement shall be in a manner approved
or determined to be appropriate by the Borough. The method of abatement
and subsequent disposal of lead shall not present a hazard to health
from fumes, dust or vapors by inhalation, ingestion or absorption
through the skin and mucous membranes and shall be in accordance with
all applicable laws, ordinances, regulations and safety standards
of the Borough, State and Federal agencies.
BASEMENT
That portion of a building which is partly or completely
below grade.
BUILDING CODE
The Building Code officially adopted by the Borough of Elizabethtown,
or other such codes officially designated by the Borough for the regulation
of construction, alteration, addition, repair, removal, demolition,
use, location, occupancy and maintenance of buildings and structures.
CENTRAL HEATING
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
The official who is charged with the administration and enforcement
of this Part, or any duly authorized representative.
CONDEMN
To adjudge unfit for use or occupancy.
DORMITORY
A space in a building where group sleeping accommodations
are provided for persons not members of the same family group, in
one room, or in a series of closely associated rooms.
DWELLING UNIT
A single unit providing complete, independent lining facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation. (See § 114.1E.)
ELEVATED BLOOD LEAD LEVEL
A blood lead level of a child under six years of age confirmed
by venous sample to be equal to or greater than the lead level defined
as elevated by the United States for Centers Disease Control.
EXPOSED SURFACE
All interior surfaces of a dwelling and those exterior surfaces
of a dwelling which are readily accessible to children under six years
of age, such as stairs, decks, porches, railings, windows, doors and
siding. Any yard or other area in the vicinity of a dwelling including,
without limitation, any soil, yard or other area which may be subject
to contamination from flaking or peeling lead based coatings or any
other source of lead is also considered an exposed surface.
EXTERIOR PROPERTY AREAS
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.
FAMILY
A family as defined in Chapter
27.
[Added by Ord. 983, 11/16/2017]
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
space, and similar areas are not considered habitable space.
HOTEL/MOTEL
A building or group of buildings where more than six individual
sleeping quarters that may have separate entrances are offered for
compensation, to transient occupants as defined in this Part, licensed
under applicable laws and regulations. Such a use may have ancillary
services, such as recreational facilities, dining services, meeting
rooms, and/or fitness centers.
[Added by Ord. 983, 11/16/2017]
INFESTATION
The presence, within or contiguous to, a structure or premises
of insects, rats, vermin or other pests.
LEAD BASED COATING
Any paint, varnish, glaze or other applied liquid surface
coating and putty or plaster which contains a quantity of lead in
excess of 0.6 milligrams per square centimeter of surface.
LET FOR OCCUPANCY or LET
To permit possession or occupancy of a dwelling, dwelling
unit, rooming unit, building or structure by a person who shall be
the 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 or contract for the sale of
land.
MAINTENANCE
Acts or repair and other acts to prevent a decline in the
condition of grounds, structures, and equipment; such that the condition
does not fall below the standards established by this Part and other
applicable statutes, codes and ordinances.
MOTOR VEHICLE
A vehicle which is self-propelled (except an electric personal
assistive mobility device or vehicle which is propelled solely by
human power), as well as any other trailer, tag-along or other item
which is required to be licensed by the Commonwealth of Pennsylvania,
Department of Motor Vehicles, whether self-propelled or not. A motor
vehicle shall include but not be limited to cars, all forms of trucks,
motorcycles, motor-driven cycles, motorized pedicycles, and motor
homes. The use of the specific examples of a "motor vehicle" is not
intended to nor shall it diminish the general language of the definition.
MULTIFAMILY APARTMENT HOUSE
A building or portion thereof containing more than two dwelling
units and not classified as a one or two family dwelling.
OCCUPANT
Any person living and/or sleeping in dwelling unit or having
possession of a space within a building.
OPENABLE AREA
That 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 Borough 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 any 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.
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 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
A lot, plot or parcel of land including the buildings or
structures thereon. (See § 114(1)(E).)
PUBLIC NUISANCE
(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 unsecured as to endanger life, limb or
property.
(6)
Any premises from which the plumbing, heating and/or facilities
required by this Part 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 of garbage, or which has an uncontrolled growth of weeds.
(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 dangerous to anyone on or near
the premises.
RESIDENTIAL BUILDING
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 listed in Appendix A.
(See § 114(1)(E).)
RESIDENTIAL RENTAL UNIT
A residential rental unit as defined in Chapter
5, Code Enforcement, Part
3, Residential Rental Units Regulations.
[Added by Ord. 983, 11/16/2017]
ROOMING UNIT
A rooming unit as defined in Chapter
27, Zoning.
[Amended by Ord. 983, 11/16/2017]
RUBBISH
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, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
STRUCTURE
That which is built or constructed, including without limitation
because of enumeration, buildings for any occupancy or use whatsoever,
fences, signs, billboards, fire escapes, chute escapes, railings,
water tanks, towers, open grade steps, sidewalks or stairways, tents
or anything erected and framed of component parts which is fastened,
anchored or rests on a permanent foundation or on the ground.
TRANSIENT OCCUPANT
A person, as defined in this Part, who uses, possesses, or
occupies a dwelling unit or portion thereof for a period of 30 consecutive
calendar days or less.
[Added by Ord. 983, 11/16/2017]
VENTILATION
The natural or chemical process of supplying conditioned
or unconditioned air to or removing air from any space.
WORKMANLIKE
Whenever the words "workmanlike state of maintenance and
repair" are used in this Part, they shall mean that such maintenance
and repair shall be made in a reasonably skillful manner.
YARD
An open unoccupied space on the same lot with a building
extending along the entire length of street, or rear or interior lot
line.
YARD WASTE
Shall consist of garden residues, leaves, shrubbery, tree
trimmings, grass clippings, dirt, sod, chipped wood, mulch, and tree
branches.