§ 6-191. Definitions.

For the purpose of this chapter, the following terms, words, and derivations thereof shall have the meaning given herein, unless the context clearly indicates or requires a different meaning:

Approved. Approved by the duly-authorized representative of the city manager and means complying with all applicable federal, state and local laws, regulations and ordinances and shall conform with applicable nationally recognized standards or specifications.

Basement means that portion of a building which is partly or completely below grade.

Bathroom means a room containing plumbing fixtures including a bathtub or shower.

Bedroom means any room or space used or intended to be used for sleeping purposes.

City shall mean the City of Fort Stockton.

Code official means the official who is charged with the administration and enforcement of this Code, or any duly authorized representative of the city manager.

Comfortable temperature zone means no less than seventy (70) degrees Fahrenheit and no more than eighty (80) degrees Fahrenheit.

Condemn means to adjudge unfit for occupancy.

Construction advisory and appeals board means the established city board dedicated to hear any appeals by the appellant, or the appellant's representative.

Designated city official or DCO means the city manager. The term may include the city manager's designee or delegated staff or duly authorized representative of the city manager.

Dwelling unit means a single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Exterior property means the open space on the premises and on adjoining property under the control of owners or operators of such premises.

Extermination means the control and elimination of insects, rats, pests or other vermin 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.

Garbage means decayable waste, including vegetable, animal, and fish offal and animal and fish carcasses, but does not include sewage, body waste, or an industrial byproduct.

Guard means 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.

Habitable space means 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.

Hot water is water supplied to a plumbing fixture at a temperature of not less than one hundred ten (110) degrees Fahrenheit.

Housekeeping unit means 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.

Imminent danger means a condition which could cause serious or life threatening injury or death at any time.

Improper means not approved, inadequate, deteriorated, defective, insufficient or not in operating condition.

Infestation means the presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.

Labeled means 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.

Let for occupancy or LET means 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 recorded or unrecorded agreement of contract for the sale of land.

Multi-family dwelling means any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as three (3) or more apartments, or which is occupied as the home or residence of three (3) or more families living independently of each other and maintaining separate cooking facilities.

Nuisance. The following shall be defined as nuisances:

(1)

Any public nuisance known at common law or in equity jurisprudence.

(2)

Any attractive nuisance that may prove detrimental to children whether in a building, on the premises of a building or on an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences debris or vegetation that may prove a hazard for inquisitive minors.

(3)

Whatever is dangerous to human life or detrimental to health, as determined by the code official.

(4)

Overcrowding a room with occupants.

(5)

Insufficient ventilation or illumination.

(6)

Inadequate or unsanitary sewage or plumbing facilities.

(7)

Uncleanliness, as determined by the code official.

(8)

Whatever renders, air, food or drink unwholesome or detrimental to the health of human beings, as determined by the code official.

Occupancy means the purpose for which a building or portion thereof is utilized or occupied.

Occupant means any individual living or sleeping in a building, or having possession of a space within a building.

Openable area means that part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Operating condition means free of leaks, is safe, sanitary and in good working order.

Operator means any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

Owner means 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.

Person means an individual, corporation, partnership or any other group acting as a unit.

Premises means a lot, plot or parcel of land, easement or public way, including any structures thereon.

Property means all privately owned property, including vacant land or a building used for residential, commercial, business, industrial, or religious purposes. The term includes a yard, ground, walk, driveway, fence, porch, steps, or other structure appurtenant to the property.

Property manager means any person, agent, operator, firm or corporation who, for any form of consideration, has managing control of a premises.

Refuse means garbage, rubbish, paper, and other decayable and nondecayable waste.

Rent means the offering, holding out or actual leasing of a rental unit to an occupant other than the owner and generally involves the payment of a rental amount although other forms of consideration may be involved or no consideration at all may be involved.

Rental unit means a single-family dwelling unit, duplex dwelling unit, a town home dwelling unit, or a multi-family dwelling unit or portion thereof that is rented or offered for rent as a residence.

Rooming house means a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.

Rubbish means nondecayable waste.

Single-family dwelling means either a detached building having separate accommodations for, and occupied by not more than, two (2) families, whereby each individual dwelling unit is located on a separate lot of record as a result of a property line being coincident with the common wall separating each dwelling unit, such that dwelling units may be individually owned; or a detached building having accommodations for, and occupied by not more than, one (1) family, or by one (1) family and not more than four (4) boarders or lodgers.

Structure means that which is built or constructed or a portion thereof.

Tenant means a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

Toilet room means a room containing a water closet or urinal but not a bathtub or shower.

Ventilation means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

Yard means an open space on the same lot with a structure.

(Ord. No. 10-111, 7-27-10)