Town of Selbyville, DE Definitions

Words used in the present tense include the future tense.

For the purposes of this chapter, the singular includes the plural, and the plural includes the singular.

Unless otherwise expressly stated, where terms are not defined under the provisions of this chapter, they shall have ascribed to them their ordinarily accepted meanings or such as the context may imply.

Whenever the words "multifamily dwelling," "residence building," "dwelling unit," "mobile home" or "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

For the purposes of this chapter, the following definitions shall be applicable, unless the context clearly indicates to the contrary:

APPROVED

As applied to a material, device or method of construction, approved by the Code Enforcement Official under the provisions of this chapter or approved by other authority designated by law to give approval in the matter in question.

BASEMENT

That portion of a building which is partly below or partly above grade and having at least 1/2 of its height above grade. (See "cellar.")

BOARDINGHOUSE, LODGING HOUSE AND TOURIST HOME

A building where, for compensation and by prearrangement for definite periods, lodging, meals or lodging and meals are provided for one or more persons but containing no more than five guest rooms or rental units; not more than 40% of the total living area of the single-family dwelling shall be used for guests' rooms; and no guests shall remain for more than eight consecutive nights in any sixty-day period.

CELLAR

That portion of a building which is partly or completely below grade and having at least 1/2 of its height below grade. (See "basement,")

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 those rooms.

CODE OFFICIAL

The Code Enforcement Official of the Town of Selbyville.

CONDEMN

To adjudge a building unit unfit for human habitation or residential use.

DORMITORY

A building in which group sleeping accommodations are provided in 1 room or in a series of closely associated rooms for persons not members of the same family.

DWELLING UNIT

A single unit providing independent living facilities for a single family, including a mobile home, including permanent provisions for living, sleeping, eating, cooking and sanitation.

EXTERIOR PROPERTY AREA

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 or vermin by eliminating their harborage places by removing or making inaccessible materials that may serve as their food by poison, spraying, fumigating, trapping or by any other approved pest elimination method.

FAMILY

An individual or two or more persons who are related by blood, marriage, or adoption, living together and occupying a single dwelling unit with single culinary facilities, or a group of not more than four unrelated persons living together by joint agreement and occupying a single housekeeping unit with single culinary facilities on a nonprofit, cost-sharing basis.

GARBAGE

The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

HABITABLE SPACE

That 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

Any building containing more than five guest rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.

INFESTATION

The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.

MAINTENANCE

The conformity of a building and its facilities to the provisions of this chapter under which the building was constructed.

MOBILE HOME

A one-family dwelling designed for transportation, after fabrication, on streets and highways on its wheels or supported on other vehicles or trailers, but which is not self-propelled, and arriving at the site where it is to be occupied complete and ready for occupancy, except for minor or incidental unpacking and assembly operations, supported on jacks or other foundations and connected to utilities and the like.

MULTIFAMILY APARTMENT HOUSE

A building or portion thereof containing more than two dwelling units not classified as a one- or two-family dwelling.

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.

OVERCROWDED

A dwelling when its occupancy exceeds the maximum number of persons permitted by this chapter.

OWNER

Any person, firm or corporation having a legal or equitable interest in the premises or any agent thereof.

PERSON

Any individual, natural person, joint-stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization or any other group acting as a unit, or the manager, lessee, agent, servant, partner, member, director, officer or employee of any of them, including an executor, administrator, trustee, receiver, or other representative appointed according to law.

PLUMBING

The labor, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances.

PLUMBING FIXTURES

A receptacle or device which is either permanently or temporarily connected to the water distribution of the premises and demands a supply of water therefrom; or which 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.

PUBLIC NUISANCE

Includes the following:

(1)

The physical condition or use of the 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 designated as having unsanitary sewage 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 unsecure so as to endanger life, limb or property;

(6)

Any premises from which the plumbing, heating or other facilities required by this chapter have been removed, or from which utilities, such as water, sewer, gas and electricity, have been disconnected, distorted, removed or rendered ineffective, or the required precautions against trespassers have not been provided.

(7)

Any premises which are unsanitary or which are littered with garbage or rubbish or which have an uncontrolled growth or weeds; or

(8)

Any business or structure that is in an advanced state of dilapidation, deterioration or decay; faulty construction, overcrowded, open, vacant or abandoned; damaged by fire to the extent that adequate shelter is not provided; is in danger of collapse or structural failure and is dangerous to any one upon or near the premises.

RENOVATION

Work on a building and its facilities to make it conform to present-day minimum standards of sanitation, fire and life safety.

RESIDENCE BUILDING

A building in which sleeping accommodations, toilet, bathing and cooking facilities as a unit are provided.

ROOMING UNIT

Any room or group of rooms in a boardinghouse forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

RUBBISH

Combustible and noncombustible waste materials, except garbage, and including the residue from the burning of wood, coal, coke and other combustible material, 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, including 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.

SUPPLIED

Installed, furnished or provided by the owner or operator.

TWO-FAMILY DWELLING

A building containing two dwelling units designed for occupancy by only two families.

VENTILATION

The process of supplying and removing air by natural or mechanical means to or from any space.

WORKMANLIKE

Maintenance and repair done in a reasonably skillful manner.

YARD

An open unoccupied space on the same lot with the building extending along the entire length of the street, or rear or interior lot line.