§ 48-22.  Definitions

The following terms are defined for purposes of this chapter:

(1)         Appellant - One who appeals a judicial decision.

(2)         Approved - Approved refers to approval by the Code official as the result of investigation and tests conducted by him or her, and/or by reason          of             accepted principles or tests by nationally recognized   organizations.

(3)         Basement. - That portion of a building which is partly or completely below grade.

(9)         Dead Load - The weight of materials of construction incorporated into the building, including but not         limited to walls, floors, ceilings, stairways, built-in partitions, finishes, cladding, and other similarly        incorporated architectural and structural items, and fixed service equipment.

 (10)          Department - The department responsible for the administration and enforcement of this Code.

 (11)          Deteriorated - A dwelling unit that is unfit for human habitation and can be repaired, altered, or improved                 to comply with all of the minimum standards established by this Chapter, at a cost not in excess of 50            percent of its value, as determined by the findings of the Code official.

(12)           Dilapidated - A dwelling unit that is unfit for human habitation and can be repaired, altered, or     improved to comply with all of the minimum standards established by this Chapter, at a cost of more than    50 percent of its value, as determined by the findings of the Code official.

(13)           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.

(14)           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.

(15)           Exterior Property- The open space on the premises and on adjoining property under the control of owners                 or opera­tors of such premises.

(16)           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, trapping or by any other approved pest elimination methods.

(17)           Garbage - All putrescible waste, including animal offal and carcasses, excluding sewage and human           waste.

(18)           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.

(19)           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.

(20)           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.

(21)           Imminent Danger - A condition which could cause seri­ous or life-threatening injury or death at any time.

(22)           Infestation - The presence, within or contiguous to, a structure or premises of insects, rats, vermin or            other pests.

(23)           Inoperable Motor Vehicle - A vehicle which can­not be driven upon the public streets for reason    including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or       incapable of being moved under its own power.

(24)           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.

(25)           Let For Occupancy Or Let - To permit, provide or of­fer possession or occupancy of a dwelling, dwelling     unit, rooming unit, building, premise 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 of contract for the sale of land.

(26)           Live Load - Those loads produced by the use and occupancy of the building or other structure and do not                   include construction or environmental loads such as wind load, snow load, rain load, earthquake load,       flood load or dead load.

(27)           Occupancy -The purpose for which a building or portion thereof is utilized or occupied.

(28)           Occupant - Any individual living or sleeping in a building, or having possession of a space within a               building.

(29)           Openable Area - That part of a window, skylight or door which is available for unobstructed         ventilation and which opens directly to the outdoors.

(30)           Operator - Any person who has charge, care or control of a structure or premises which is let or offered       for occupancy.

(31)           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.

(32)           Person - An individual, corporation, partnership or any other group acting as a unit.

(33)           Premises - A lot, plot or parcel of land, easement or public way, including any structures thereon.

(34)           Public Nuisance - Any activity or failure to act that adversely affects the public and shall include, but is     not limited to, any condition which poses an immediate and direct hazard to human health if left          unheeded due to the existence of the condition itself or due to the immediate threat of transmission of          disease through insects, animals, or other means of                   transmission or infections.

(35)           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      and that has a clear width and height of not less than ten feet.

(36)           Putrescible - Solid waste capable of being decomposed by microorganisms including, but not limited, to     kitchen waste.

(37)           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.

(38)           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.

(39)           Rubbish - Solid or liquid waste from residences.

(40)           Strict Liability Offense - An offense in which the prosecution in a legal proceeding is not required to             prove crimi­nal intent as a part of its case.  It is enough to prove that the de­fendant either did an act which            was prohibited, or failed to do an act which the defendant was legally required to do.

(41)           Structure - That which is built or constructed or a portion thereof.

(42)           Tenant - A person, corporation, partnership or group, whether or not the legal owner of record,      occupying a building or portion thereof as a unit.

(43)           Toilet Room - A room including or excluding a bidet and or urinal, containing a water closet, lavatory         but not a bathtub or shower.

(44)           Ventilation - The natural or mechanical process of sup­plying conditioned or unconditioned air to, or           removing such air from, any space.

(45)           Workmanlike - Executed in a skilled manner; e.g., gener­ally plumb, level, square, in line, undamaged          and without mar­ring adjacent work.

(46)           Yard - An open space, other than a court, unobstructed from the ground to the sky, except where                specifically provided by this Code, on the lot on which a building is situated.