§ 6-172. Definitions.

(a)

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

Basement means a space of full story height below the first floor which is not designed or used primarily for year-round living accommodations. Space, partly below grade, which is designed and finished as habitable space is not defined as basement space.

Building inspector means the building inspector of the village or his representative.

Cellar means a portion of a building located partly or wholly underground and having two-thirds or more of its clear floor-to-ceiling height below the average grade of the grounds. (See Basement for reference.)

Dwelling means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.

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 eliminating their harborage places, by removing or making inaccessible materials which may serve as their food, by poisoning, spraying, fumigating, trapping or by other recognized and legal pest elimination methods approved by the health officer.

Garbage means the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Habitable room means a room or other enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantry, foyers or corridors, closets and storage space.

Health officer means the county health officer/director, or his duly authorized representative.

Infestation means the presence within or around a swelling of any insects, rodents or other pests.

Landlord means the building owner or his authorized agent, or person authorized to rent or lease the building.

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

Occupant or tenant means any person 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 building, or part thereof, in which dwelling units or rooming units are offered for rent.

Ordinary minimum winter conditions means the temperature which is 15 degrees Fahrenheit above the lowest recorded temperature for the previous ten-year period.

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

(1)

Shall have legal or equitable title to any dwelling unit, with or without accompanying actual possession thereof; provided, whenever the dwelling or dwelling unit is subject to conditional sales contract, lease with option to purchase, or any other form of written contract under the terms of which any person is entitled to a conveyance of legal title upon payment of a specified sum, the term "owner" means the person who shall have such a contractual right, as well as the person who is holding the legal title; or

(2)

Shall have charge, care or control of any dwelling or dwelling unit as executor, executrix, trustee, receiver or guardian of the owner as defined in subsection (1) of this definition. Any such person thus representing the actual owner shall be bound to comply with this article to the same extent as if he were the owner. Any person acting as the agent of the owner shall not be construed to be the owner within the terms of this article, but shall be bound to notify the owner, by means of a registered letter addressed to the owner at his last known address, of any order or notice to be issued by the building inspector relating to the property of the owner.

Plumbing includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal equipment, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catchbasins, drains, vents, floor drains, laundry traps, drinking fountains, gutters, down spouts, area drain lines, sanitary and storm sewer systems, also subsoil drainage and any other supplied fixtures, together with all connection to water, sewer or gas lines.

Rental property means that property which is rented or leased to any person other than the owner or members of his immediate family.

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.

Rubbish means combustible or noncombustible waste materials, except garbage, and the term "rubbish" shall include the residue from the burning of wood, coal, coke and other combustible mineral matter, glass crockery, or dust.

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

(b)

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

(Ord. No. 07-07-00-A, § 15-4-2, 3-1-2005)