Chapter 15.24 HOUSING CODE
Section 15.24.010 Definitions.
15.24.010 Definitions.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
"Basement" means a portion of the building located
partly underground, but having less than
two-thirds of its clear floor-to-ceiling height below the average grade of adjoining ground.
"Cellar" means a portion of a building located partly
or wholly underground and having two-thirds of its clear floor-to-ceiling height below the average grade
of adjoining ground.
"Chief code enforcement officer" means the chief code
enforcement officer of the city and his
authorized representatives.
"Dwelling" means any building which is wholly or partly
used or intended to be used for living
or sleeping by human occupants; provided, that temporary housing as defined in this section shall
not be regarded as a dwelling.
"Dwelling unit" means any of the following:
1. Any room or group of rooms located
within a dwelling forming a single habitable unit when
those units possess facilities which are used, or intended to be used, for living, sleeping, cooking
and eating;
2. Any mobile home.
"Enforcement authority" means the chief code enforcement
officer of the city.
"Extermination" means the control and elimination
of insects, rodents or other pests by
eliminating their harborage places, by removing or making inaccessible materials that may serve as
their food, by poisoning, spraying, fumigating or trapping or by other recognized and legal pest
elimination methods approved by the building inspector.
"Garbage" means the animal and vegetable waste resulting
from handling, preparation, cooking
and consumption of food.
"Habitable room" means a room of enclosed floor space
used or intended to be used for living,
sleeping, cooking or eating purposes excluding bathrooms, water closet compartments, laundries,
pantries, foyers or communicating corridor closets and storage spaces.
"Infestation" means the presence within or around
a dwelling of any insect, rodent or other pest.
"Mobile home" means any vehicle which is constructed
to permit its being used as a conveyance,
either self-propelled or non-self-propelled, upon the public streets and highways and which is
designed and constructed to permit its occupancy as a dwelling or sleeping place for one or more
persons and which has no foundation other than wheels, jacks, skirting or other temporary support.
"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 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 or jointly or
severally with others shall have:
1. Legal title to any dwelling or dwelling
unit with or without accompanying actual possession
thereof; provided, that whenever the dwelling or dwelling unit is subject to conditional sale
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 contractual right rather than the person
holding legal title; or
2. 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) above. Any such person thus
representing the actual owner shall be bound to comply with the sections of this chapter to the
same extent as if he were the owner. Any person acting as agent of the owner shall not be
construed to be an owner within the terms of this chapter, but shall be bound to notify the owner by
means of registered letter addressed to the owner at his last known address of any order or notice
issued by the building inspector relating to the property of the owner.
"Person" means any individual, firm, corporation,
associate, or partnership.
"Plumbing" means the following supplied facilities
and equipment: gas pipe, gas burning
equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed
dishwashers, lavatories, bathtubs, installed clothes-washing machines, catch basins, vents and any
other similar supplied fixtures together with all connections to water, sewer or gas lines.
"Rooming house" 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 five or more persons who are not
husband and wife, son or daughter, mother or father or sister or brother of the owner or operator.
"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 and noncombustible waste
materials except garbage, and the term
shall include 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, leaves,
tin cans, metals, mineral matter, glass, crockery and dust.
"Substantial property interest" means any right in
real property that may be affected in a
substantial way by actions authorized by Indiana Code, 36-7-9-1, et seq., including a fee interest,
a
life estate, a future interest, a present possessory interest or an equitable interest of a contract
purchaser.
"Supplied" means paid for, furnished or provided by
or under the owner or operator.
"Temporary housing" means any tent, mobile home 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 such premises for more than thirty days.
"Unsafe building" means a building or structure or
any part of a building or structure, that is:
1. In an impaired structural condition
that makes it unsafe to a person or property;
2. A fire hazard;
3. A hazard to the public health;
4. A public nuisance;
5. Dangerous to a person or property
because of a violation of a statute or ordinance
concerning building conditions or maintenance. (Indiana Code, 36-7-9-4(a)) "Unsafe premise"
means an unsafe building and the tract of real property on which the unsafe building is located.
(Prior code § 11-1)