In the construction of this chapter, the rules and definitions
contained in this article shall be observed and applied, except when
the context clearly indicates otherwise.
A. Words used in the present tense shall include the future.
B. Words used in the singular number shall include the plural number,
and the plural the singular.
C. The word "shall" is mandatory and not discretionary.
D. The word "may" is permissive.
E. The phrase "used for" shall include the phrases "arranged for," "designed
for," "intended for," "maintained for," "occupied for."
As used in this chapter, the following terms shall have the
meanings indicated:
ADEQUATE
"Adequate" as determined by the Building Inspector under
the regulations of this chapter or "adequate" as determined by an
authority designated by law or this chapter. "Adequately" shall mean
the same as "adequate."
APPROVED
By the Building Inspector under the regulations of this chapter
or approved by an authority designated by law or this chapter.
ATTRACTIVE APPEARANCE
Refers to the exterior appearance of buildings, structures,
stairs, porches, and similar appurtenances and the improvement, planting
and landscaping of yards and vacant areas. The determination of "attractive"
used herein shall be as determined by the Building Inspector under
the regulations of this chapter or as determined by an authority designated
by law or this chapter. Provided further, such determination shall
be in accordance with the generally accepted reasonable meaning prevailing
in the community of the term "attractive appearance" and shall take
into consideration the appearance of the surrounding specific locality
involved and the community as a whole.
BASEMENT
A space of full story height below the first floor which
is not designed or used primarily for year around living accommodation.
Space, partly below grade, which is designed and finished as habitable
space is not included.
BUILDING
Any structure designed or intended for the support, enclosure,
shelter or protection of persons, or property and for the purpose
of this chapter a mobile home shall be considered a building.
CAPACITY IN PERSONS
The "capacity in persons" of a building is the maximum number
of persons that can occupy such building, as determined by the required
floor space per person as established by the State Building Code.
CELLAR
The portion of a building located partly or wholly underground
and having 2/3 or more of its clear floor-to-ceiling height below
the average grade of the adjoining ground.
DWELLING UNIT
A.
A "dwelling unit" consists of one or more rooms which are arranged,
designed, or used as living quarters for one family only. Individual
bathrooms and complete single kitchen facilities, permanently installed,
shall always be included with each "dwelling unit."
B.
For the purpose of this chapter, a mobile home in a mobile home
park or on properly zoned private property, so arranged, designed,
or used shall be considered a dwelling unit.
EXTERMINATION
The control or elimination of infestation by eliminating
harboring places and removing or making inaccessible materials that
may serve as food, and by poisoning, spraying, trapping, fumigation
by a licensed fumigator or any other effective elimination procedure.
FAMILY
As defined in the Zoning Chapter, §
660-12, of the Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
GARBAGE
Includes all kinds of organic refuse resulting from the preparation
of food, and all decayed or spoiled food products from any source
whatever.
GOOD WORKING CONDITION
Capable of performing the task for which it was designed
and in the manner intended by this chapter.
HABITABLE ROOM
Any room in a residential building which is either a sleeping
room or a living room as defined herein.
IMPERVIOUS TO WATER
Constructed of concrete, cement block, terrazzo, brick, tile
or other material approved by the Building Inspector, and having tight-fitting
joints, and not having more than 4.5% adsorption by test.
INFESTATION
The sustained presence of household pest, vermin or rodents.
LIVING ROOM
A room used for sitting, dining or cooking purposes, but
shall not include a room designed or intended to be used for laundry,
workshop, furnace, play, bathroom, water closet, or storage purposes.
LODGING HOUSE
A residential building or portion thereof, containing lodging
rooms which accommodate five or more persons who are not members of
the keeper's family. Lodging or meals, or both, or lodging and
kitchen privileges are provided for compensation.
LODGING ROOM
A room rented as sleeping and living quarters, but without
cooking facilities and with or without an individual bathroom. "Lodging
room" includes a room or rooms so rented in a single-family dwelling
or dwelling unit.
MULTIPLE DWELLING
Shall be occupancy of a building in part for residential
use and in part for other use not accessory thereto.
OCCUPANT
Any person living, sleeping, cooking or eating in or having
possession of dwelling unit or lodging room.
OPERATOR
Any person who has charge or control of a building or part
thereof in which dwelling units or lodging rooms are located or let.
OWNER
Any person who, alone or jointly, or severally with others:
A.
Shall have legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof; provided, whenever
the dwelling or dwelling unit is subject to conditional sales contract,
lease with option to purchase, or any other form of written contract
under the terms of which any person is entitled to a conveyance of
legal title upon payment of a specified sum, the term "owner" shall
mean the person who shall have a contractural right, rather than the
person who is holding the legal title; or
B.
Shall have charge, care or control of any dwelling or dwelling
unit as executor, executrix, receiving or guardian of the owner as
defined above. Any such person thus representing the actual owner
shall be bound to comply with the provisions of this chapter to the
same extent as if he were the owner. Any person acting as the agent
of the owner shall not be construed to be the owner within the terms
of this chapter, but shall be bound to notify the owner, by means
of a registered letter or addressed to the owner at his last known
address, of any order or notice to be issued to the administrative
officer relating to the property of the owner.
PERSONAL
Includes any individual, firm, corporation, association or
partnership.
PLUMBING
All piping and equipment for supply, use or drainage of liquid
or gaseous material.
PROPERLY
As deemed proper by the administrative officer under the
regulation of this chapter or deemed proper by an authority designated
by law or this chapter.
PROVIDED
Furnished, supplied, paid for or under control of the owner.
RESIDENTIAL BUILDING
A.
A building which is arranged, designed, used or intended to
be used for residential occupancy by one or more families or lodgers,
and which includes, but is not limited to, the following types:
(1)
Single-family detached dwellings.
(2)
Two-family detached dwellings.
B.
For the purpose of this chapter, any building containing any
of the above uses together with other uses shall be considered a residential
building.
RUBBISH
Includes all inorganic refuse matter such as tin cans, wire
or metal of any kind, glass, china, crockery, paper, cloth, stone,
earth, wood, ashes, and things of similar nature.
STRUCTURE
Anything constructed or erected, the use of which requires
more or less permanent location on the ground, or attached to something
having permanent location on the ground.
SUPPLIED
Paid for, furnished, or provided by or under the control
of the owner or operator.
This chapter shall not be construed as assuming any liability
on the part of the City for damages to anyone injured or for any property
destroyed by any defect in any building for equipment or in any plumbing
or electrical wiring equipment.
In any case where a provision of this chapter conflicts with
a provision of any zoning, building, firesafety or health ordinance
or code of the City, the provision which establishes the higher standard
for the promotion and protection of the health and safety of the people
shall prevail. In any case where a provision of this chapter conflicts
with a provision of any other ordinance or code of this City, which
establishes a lower standard for the promotion and protection of the
health and safety of the people, the provisions of this chapter shall
be deemed to prevail, and such other ordinances or codes are hereby
declared to be repealed to the extent that they may be found in conflict
with this chapter.