§ 50-2. Definitions.

(a)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Basement means a portion of a dwelling which is located partly underground, having direct access to light and air from windows located above the level of the adjoining ground.

Cellar means a portion of a dwelling which is located partly or wholly underground, having an inadequate access to light and air from windows located partly or wholly below the level of the adjoining ground.

Deteriorated means a dwelling 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 enforcement officer.

Dilapidated means a dwelling that is unfit for human habitation and cannot be repaired, altered, or improved to comply with all of the minimum standards established by this chapter except at a cost in excess of 50 percent of its value, as determined by the findings of the code enforcement officer.

Dwelling means any building, structure, or part thereof which is wholly or partly used or intended to be used for living, sleeping, or habitation by human occupants, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. The term "temporary housing," as defined in this section, shall not be regarded as a dwelling. The term "dwelling" includes within its meaning the terms "roominghouse" and "rooming units" as hereinafter defined.

Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating.

Extermination means the control and elimination of insects, rodents, or other pests by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping; or by any other recognized and legal pest elimination methods approved by the code enforcement officer.

Garbage means the organic 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, water closet compartments, laundries, heater rooms, foyers, or communicating corridors, closets and storage spaces.

Infestation means the presence, within or around a dwelling, of any insects, rodents, or other pests in such number as to constitute a menace to the health, safety, or welfare of the occupants or the public.

Inspector means the code enforcement officer of the town or any authorized agent of the code enforcement officer.

Multiple dwelling means any dwelling containing more than two dwelling units.

Occupant means any person over one year of age, living, sleeping, cooking, or eating in, or having actual possession of, a dwelling, dwelling unit, or rooming unit.

Operator means any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let.

Owner means any person who, alone, jointly, or severally with others, shall:

(1)

Have title to any dwelling, dwelling unit, or rooming unit, with or without accompanying actual possession thereof;

(2)

Be a mortgagee of record for any dwelling, dwelling unit, or rooming unit; or

(3)

Have charge, care, or control of any dwelling, dwelling unit, or rooming unit, as owner or agent of the actual owner, or as executor, administrator, trustee, or guardian of the estate of the actual owner. Any person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

Party or parties in interest means all persons who have interests of record in a dwelling, dwelling unit, or rooming unit, and any persons who are in possession thereof.

Plumbing includes all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, mechanical garbage disposal units (mechanical sink grinders), sewage disposal pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines.

Public authority means the town housing authority or any officer who is in charge of any department or branch of the government of the town or of the county or the state relating to health, fire, building regulations, or other activities concerning dwellings in the town.

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

Roominghouse means any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or brother or sister of the owner or operator.

Rubbish means nonorganic waste materials. The term "rubbish" includes paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, and dust.

Supplied means paid for, furnished, or provided by, or under the control of, the owner or operator.

Temporary housing means any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days.

Unfit for human habitation means a dwelling, dwelling unit, roominghouse, or rooming unit in which conditions exist which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this chapter.

(b)

Whenever the terms "dwelling," "dwelling unit," "roominghouse," "rooming unit," and "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

(Code 1985, § 155.02; Code 1999, § 50-2)