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The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved means what is defined and specified by the chief inspector in rules and regulations adopted pursuant to the provisions of this article.
Basement means that story of a building or dwelling located wholly or partly underground but having less than half of its clear floor-to-ceiling height below the average grade of the adjoining ground, as measured from floor to finished ceiling.
Board means the minimum property standards board of review.
Building code means the building code of the city which is the State Building Code with all amendments, revisions and supplements thereto and hereafter.
Cellar means a portion of a building or dwelling located partly or wholly underground and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground as measured from finished floor to finished ceiling.
Chief inspector means the chief of the division of minimum property standards.
Deterioration means the condition of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
Dwelling means any building or part thereof that is wholly or partly used or intended to be used for living and sleeping by one or more occupants. A dwelling may include one or more dwelling units or rooming units or a combination of both.
Dwelling premises means the land and auxiliary buildings thereon used or intended to be used in connection with the dwelling.
Dwelling unit means one or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for one family and including rooms for living, sleeping, bathing and eating.
Electrical code means the National Electrical Code and all amendments, revisions and supplements thereto and hereafter.
Exposed to public view means any premises or building or any part thereof that may be lawfully viewed by the public or any member thereof from a sidewalk, street, alleyway, licensed open air parking lot or from any adjoining or neighboring premises.
Exterior of the premises means the open space on the premises outside of any building thereon.
Extermination means the control and elimination of insects, rodents and vermin by eliminating their harborage places, by removing or making inaccessible material that may serve as their food, by poisoning, spraying, fumigating or trapping or by other approved means of pest elimination.
Fire hazard means any one or more of the following: (1)
Any device or condition likely to cause fire and so situated as to endanger either persons or property;
(2)
The creation, maintenance or continuance of any physical condition by reason of which there exists a use, accumulation or storage of combustible or explosive material sufficient in amount or located in such a manner as to put in jeopardy, in the event of ignition, either persons or property;
(3)
The obstruction to or of fire escapes, ladders which may be used as escape, stairways, aisles, exits, doors, windows, passageways or halls likely, in the event of fire, to interfere with the operations of the fire department or the safety and ready egress of occupants;
(4)
The violation of any rule now or hereafter promulgated by the fire department of the city.
Fire prevention code means the Building Officials Conference of America Basic Fire Prevention Code and the state fire safety code and all amendments, revisions and supplements thereto and hereafter.
Floor space means the horizontally projected floor area inside of and between exterior walls or partitions or any combination thereof as measured within a habitable room exclusive of that portion of the habitable room which does not have a ceiling height of at least five feet.
Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, toilet rooms or compartments, laundries, pantries, foyers, communicating corridors, closets, storage space and stairways.
Infestation means the presence, within or around a nonresidential structure, dwelling or dwelling premises, of rodents, vermin or pests.
Insanitary means anything liable to be a danger or hazard to the health of persons occupying or frequenting a structure or to the public, any danger arising from the methods or materials of construction, equipment installed for the purposes of lighting, heating, ventilation or plumbing or existing conditions liable to cause rat infestation, vermin infection, accumulations of trash or debris in the building, yards or accessory structures on the premises.
Mixed occupancy means any building containing one or more dwelling units or rooming units that also has a portion thereof devoted to nondwelling uses, as a hotel.
Nonresidential structure means a structure that is to be used for other than residential purposes or a part of such structure that is used for other than residential purposes and, where applicable, the premises on which such structures are situated.
Nuisance means any one or more of the following: (1)
Any public nuisance known at public law or in equity jurisprudence or as provided by the statutes of the state or the ordinances of the city;
(2)
Any attractive nuisance that may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unoccupied lot including, but not limited to, abandoned wells, shafts, basements, excavations, iceboxes, refrigerators and motor vehicles, any structurally unsound fences or structures and lumber, trash, fences and debris which may prove a hazard for inquisitive minors;
(3)
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist;
(4)
Overcrowding of a room with occupants in violation of this article;
(5)
Insufficient ventilation or illumination in violation of this article;
(6)
Inadequate or insanitary sewerage or plumbing facilities in violation of this article;
(7)
Insanitary conditions or anything offensive to the senses or dangerous to health in violation of this article;
(8)
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings;
(9)
Fire hazards.
Occupant means any person over one year of age who is living, sleeping, cooking or eating in or having actual possession of any dwelling or rooming unit.
Operator means any person who has charge, care or control of a dwelling or nonresidential structure and premises of a part thereof, with or without the knowledge or consent of the owner.
Owner means any person who alone, jointly or severally with others: (1)
Shall have legal or record title to any nonresidential structure, dwelling or premises;
(2)
Shall have charge, care or control of any nonresidential structure, dwelling or premises as agent of the owner, executor, administrator, trustee or guardian of the estate of the owner.
Plumbing means all of the following supplied facilities, equipment and devices: Gas pipes, water pipes, toilets, lavatories, sinks, laundry tubs, installed dishwashers, garbage disposal units, tubs, shower-baths, waste pipes, cesspools, septic tanks, drains, vents, traps and any other gas-burning or water-using fixtures and appliances, together with all connections to water, waste or gas pipes.
Plumbing code means the National Plumbing Code and all amendments, revisions and supplements thereto and hereafter.
Premises means a lot, plot or parcel of land, including the building or structures thereon.
Proper or properly mean as defined or specified in this article or in rules and regulations adopted pursuant thereto or, when not so defined or specified, in accordance with the applicable provisions of this Revision or other ordinances of the city.
Rooming unit means any room or group of rooms forming a single habitable unit rented or intended to be rented for living purposes.
Roominghouse means any dwelling or part thereof that contains one or more rooming units in which space is rented or intended to be rented to three or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator.
Rubbish means combustible and noncombustible waste materials, except garbage, but 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.
Seasonal means any dwelling units regularly occupied for less than five months of the year which are not the permanent residences of the occupants.
Structure means any combination of materials to form a construction adapted to permanent or continuous occupancy for use by public institution, builders or for storage purposes.
Substandard means all structures used for residential and nonresidential purposes that do not conform to the minimum standards established by this article.
Supplied or supply mean paid for, furnished by or provided by the owner or operator.
Unsafe means a condition or combination of conditions liable to be a danger or hazard to the life, safety or health of persons occupying or frequenting a structure or of the public, or any danger of settlement, movement, disintegration or collapse, whether such danger arises from the method or materials of its construction or from equipment installed therein for the purposes of lighting, heating or the transmission or utilization of electric current or from obsolescence, deterioration, its location or otherwise.
Unusable means any residential or nonresidential structure or part thereof of any fixture or facility required therein that is not in such physical condition as to safely perform the service for which it is designed or intended.
Weathering means deterioration, decay or damage caused by exposure to the elements.
Zoning ordinance means the provisions of chapter 19.
(Rev. Ords. 1987, § 4-36)
Cross reference— Definitions generally, § 1-2.