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Sec. 34-21. - Definitions.#
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 as defined and specified by the director in rules and regulations adopted pursuant to the provisions of this article.
Basement means that story of a building or dwelling located partly underground, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground, as measured from finished floor to finished ceiling.
Board means the minimum housing board of review.
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.
Director means the director of the division of minimum housing standards.
Dwelling means any building or part of a building which 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 any room or group of rooms within a dwelling and forming a single and separate habitable unit with facilities which are used or intended to be used for living, sleeping, regular cooking and eating.
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 four feet.
Garbage means all combustible refuse.
Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, and excluding bathrooms, toilet rooms or compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.
Infestation means the presence, within or around a dwelling or dwelling premises, of rodents, vermin or other pests.
Multiple dwelling means any dwelling containing more than three dwelling units.
Occupant means any person over one year of age, living, sleeping, cooking or eating in or having actual possession of, a dwelling unit or rooming unit.
Operator means any person who has charge, care or control of a multiple dwelling or roominghouse, in which dwelling units or rooming units are let or offered for occupancy.
Owner means any person who, alone, jointly, severally, or jointly and severally with others shall have: (1)
Legal or record title to any dwelling or dwelling premises;
(2)
Charge, care, or control of any dwelling or dwelling 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, installed clothes-washing machines, catchbasins, washbasins, bathtubs, shower-baths, waste and sewer pipes, cesspools, septic tanks, drainage fields, drains, vents, traps and any other gas-burning or water-using fixtures and appliances together with all connections to water, waste and sewer or gas pipes.
Proper or properly means as defined and specified in this article or in rules and regulations adopted pursuant hereto; or when not so defined or specified, in accordance with the applicable ordinances of the town.
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 including hotels, motels and boardinghouses, or part thereof, which contains one or more rooming units, and in which space is occupied or intended to be occupied by five 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 all noncombustible refuse.
Supplied or supply means paid for, furnished by, or provided by the owner or operator.
(Code 1986, § 10-2)
Cross reference— Definitions generally, § 1-2.
Sec. 34-22. - Statement of policy.#
(a)
It is hereby found and declared that:
(1)
There exist in the town numerous dwellings and dwelling premises which are substandard due to dilapidation, deterioration and disrepair; structural defects; uncleanliness; lack of adequate ventilation, light, sanitary, heating and hot water facilities; overcrowding of dwellings; occupancy of unfit dwellings; and other conditions and defects which increase the hazards of illness, disease, fire, accidents and other calamities;
(2)
These conditions, singly or in combination, endanger the health, safety, morals and general welfare of the people of the town and give impetus to the development, continuation, extension and aggravation of blighted and substandard housing conditions.
(b)
It is further declared that the establishment and enforcement of minimum standards for dwellings by the town is essential to the protection of the public health, safety, morals and general welfare.
(Code 1986, § 10-3)
Sec. 34-23. - Purpose of article.#
The purpose of this article shall be to protect the public health, safety and welfare by establishing minimum standards governing the condition and maintenance of all dwellings and dwelling premises; establishing minimum standards governing utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary and fit for human habitation; fixing certain responsibilities and duties of owners, operators and occupants of dwellings and dwelling premises; fixing the conditions whereby certain dwellings may be declared unfit for occupancy and condemned for human habitation; and fixing penalties for violations of the provisions of this article.
(Code 1986, § 10-4)
Sec. 34-24. - Applicability of article provisions.#
(a)
Every portion of a building or its premises used or intended to be used for any dwelling purpose shall comply with the provisions of this article and with rules and regulations adopted pursuant hereto. Such compliance shall be required irrespective of when such building shall have been constructed, altered or repaired. Such compliance shall also be required irrespective of any permits or licenses which shall have been issued for the use or occupancy of the dwelling and dwelling premises, for the construction or repair of the dwelling, or for the installation or repair of dwelling equipment prior to the effective date of the ordinance from which this article was derived.
(b)
This article establishes minimum standards for the initial and continued occupancy of all dwellings and does not replace or modify standards otherwise established for the construction, repair or use of buildings, or the installation of building equipment except as they may be in conflict with the provisions of this article as provided by section 34-88.
(Code 1986, § 10-5)