The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abate.Eliminate by removal, repair, rehabilitation, or demolition.
Basement.That portion of a building which is partly or completely below grade.
Bathroom.A room containing plumbing fixtures including a bathtub 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 code, or any duly authorized representative.
Dangerous structure.A structure that:
(1) Is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare;
(2) Regardless of its structural condition, is unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or
(3) Is boarded up, fenced, or otherwise secured in any manner if the building constitutes a danger to the public even though secured from entry or the means used to secure the building are inadequate to prevent unauthorized entry or use of the building.
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, or trapping; or by use of 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, rats, vermin or other pests.
Junked vehicle.A vehicle that is self-propelled and:
(1) Does not have lawfully attached to it:
(A) An unexpired license plate; or
(B) A valid motor vehicle inspection certificate; and
(2) Is:
(A) Wrecked, dismantled or partially dismantled, or discarded; or
(B) Inoperable and has remained inoperable for more than:
(i) 72 consecutive hours, if the vehicle is on public property; or
(ii) 30 consecutive days, if the vehicle is on private property.
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 or contract for the sale of land.
Nuisance.Each of the following is a nuisance:
(1) A condition or place that is a breeding place for flies;
(2) Spoiled or diseased meats intended for human consumption;
(3) A restaurant, food market, bakery, other place of business, or vehicle in which food is prepared, packed, stored, transported, sold, or served to the public and that is not constantly maintained in a sanitary condition;
(4) Sewage, human excreta, wastewater, garbage, or other organic wastes deposited, stored, discharged, or exposed in such a way as to be a potential instrument or medium in disease transmission to a person or between persons;
(5) A vehicle or container that is used to transport garbage, human excreta, or other organic material and that is defective and allows leakage or spilling of contents;
(6) A collection of water in which mosquitoes are breeding in the limits of a municipality or a collection of water that is a breeding area for Culex quinquefasciatus mosquitoes that can transmit diseases regardless of the collection’s location other than a location or property where activities meeting the definition of section
11.002(12)(A), Texas Water Code, occur;
(7) A condition that may be proven to injuriously affect the public health and that may directly or indirectly result from the operations of a bone boiling or fat rendering plant, tallow or soap works, or other similar establishment;
(8) A place or condition harboring rats;
(9) The presence of ectoparasites, including bedbugs, lice, and mites, suspected to be disease carriers in a place in which sleeping accommodations are offered to the public;
(10) The maintenance of an open surface privy or an overflowing septic tank so that the contents may be accessible to flies;
(11) An object, place, or condition that is a possible and probable medium of disease transmission to or between humans; and
(12) Any condition of property or matter prohibited by this code.
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.
Pool.A permanent swimming pool, permanent wading or reflection pool, or permanent hot tub or spa over 18 inches deep, located at ground level, above ground, below ground, or indoors.
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, if they are inoperable or not in operation, or discarded, abandoned, dumped or stored on any exterior property areas in an unsightly, unsafe or unsanitary manner, except garbage, and including but not limited to:
(1) The residue from the burning of wood, coal, coke and other combustible materials;
(2) Paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, lumber, dirt piles, construction debris, containers, and dust;
(3) Refrigerators, appliances (and similar equipment and other electrical or motorized appliances or equipment);
Strict liability offense.An offense punishable by not more than $500.00 in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case.
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.
(Ordinance 383-07, ex. 1, sec. 202, adopted 5/29/07)