§ 5.90.010. Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter. Whenever the words "dwelling", "dwelling unit", "rooming units", "premises", or "structure" are used in this chapter they shall be construed as though they were followed by the words "or any part thereof". Words used in the singular include the plural, and the plural the singular; the masculine gender includes the feminine and the feminine the masculine. Words not specifically defined in this section shall have the common definitions set forth in a standard dictionary.

(1)

Accessory building or structure. A detached building or structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises.

(2)

Appropriate authority. That person within the governmental structure of the city who is charged with the administration of the appropriate code which is specifically designated to deal with situations related to a specific issue pertaining to this chapter. This is generally meant to be the city building inspector or their designee.

(3)

Ashes. The residue from the burning of combustible materials.

(4)

Attic. Any story situated wholly or partly within the roof, and so designated, arranged or built as to be used for business, storage or habitation.

(5)

Basement. The substructure or foundation of a building, the lowest habitable story of a building, usually below ground level.

(6)

Bulk container. Any metal garbage, rubbish and/or refuse container having a capacity of two (2) cubic yards or greater and which is equipped with fittings for hydraulic and/or mechanical emptying, unloading and/or removal.

(7)

Central heating system. A single system supplying heat to one or more dwelling unit(s) or more than one rooming unit.

(8)

Chimney. A vertical masonry shaft of reinforced concrete, or other approved noncombustible heat resisting material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid or gaseous fuel.

(9)

Dwelling. Any enclosed space wholly or partly used or intended to be used for living, sleeping, cooking and eating; provided that, temporary housing as hereinafter defined shall not be classified as a dwelling. Industrialized housing and modular construction which conform to nationally accepted industry standards and used or intended for use for living, sleeping, cooking and eating purposes shall be classified as dwellings. Mobile homes are included in the definition of dwelling.

(10)

Dwelling unit. A room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used by a single-family for living, sleeping, cooking and eating purposes.

(11)

Egress. An arrangement of exit facilities to assure a safe means of exit from buildings.

(12)

Egress window. A window meeting the specifications in IRC section R310.

(13)

Extermination. 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 any other recognized and legal pest elimination methods approved by the local or state authority having such administrative authority.

(14)

Family. An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four adult (4) persons not all so related, living together as a single housekeeping unit in a dwelling unit and sharing living, sleeping, cooking and eating facilities. See also definition of household.

(15)

Flush water closet. A toilet bowl which is flushed with water which has been supplied under pressure and equipped with a water sealed trap above the floor level.

(16)

Garbage. The animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food.

(17)

Grade. A reference plane representing the average of finished ground level adjoining the building at exterior or walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet (6') (1,829 mm) from the building, between the building and a point six feet (6') (1,829 mm) from the building.

(18)

Guest. An individual who shares a dwelling unit in a nonpermanent status for not more than thirty (30) consecutive days.

(19)

Habitable room. 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, furnace rooms, pantries, kitchenettes and utility rooms of less than seventy (70) square feet of floor space, foyers, or communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas.

(20)

Health officer. The City of Huron health/building/safety inspector or his designated agent.

(21)

Heated water. Water heated to a temperature of not less than one hundred twenty degrees Fahrenheit (120°F) at the outlet.

(22)

Heating device. All furnaces, unit heaters, domestic incinerators, cooking and heating stoves and ranges, and other similar devices.

(23)

Household. An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) adult persons not all so related, living together as a single housekeeping unit in a dwelling unit and sharing living, sleeping, cooking and eating facilities. See also definition of family.

(24)

Infestation. The presence within or around a dwelling of any insects, rodents or other pests.

(25)

Kitchen. Any room used for the storage of foods, preparation of foods and containing the following equipment: sink and/or other device for dishwashing, stove or other device for cooking, refrigerator or other device for cool storage of food, cabinets and/or shelves for storage of equipment and utensils, and counter or table for food preparation.

(26)

Kitchenette. A small kitchen or an alcove containing cooking facilities.

(27)

Lead based paint. Any paint containing more lead than the level established by the U.S. consumer safety commission as being the "safe" level of lead in residential paint and paint products.

(28)

Multiple dwelling. Any dwelling containing more than two (2) dwelling units.

(29)

Occupant. Any individual living, sleeping, cooking or eating in or having possession of a dwelling unit or a rooming unit; except that, in dwelling units a guest shall not be considered an occupant.

(30)

Operator. Any person who has charge, care, control or management of a building, or part thereof, in which dwelling units or rooming units are rentals.

(31)

Owner. Any person who, alone or jointly or severally with others:

(a)

Has legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(b)

Has charge, care, or control of any rental unit, including the executor, administrator, trustee or guardian of the estate of the owner; any such 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.

(32)

Permissible occupancy. The maximum number of individuals permitted to reside in a dwelling unit or rooming unit.

(33)

Person shall mean and include any individual, firm, corporation, association, partnership, cooperative or governmental agency.

(34)

Plumbing shall mean and include all of the following supplied facilities and equipment: Gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, and the installation thereof, together with all connections to water, sewer or gas lines.

(35)

Premises. A platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure, and includes any such building, accessory structure or other structure thereon.

(36)

Privacy. The existence of conditions which will permit an individual or individuals to carry out an activity commenced without interruption or interference, either by sight or sound, by unwanted individuals.

(37)

Properly connected. Connected in accordance with all applicable codes and ordinances of this city as from time to time enacted; provided, however, that the application of this definition shall not require the alteration or replacement of any connection in good working order and not constituting a hazard to life or health.

(38)

Rat harborage. Any conditions or place where rats can live, nest or seek shelter.

(39)

Ratproofing. A form of construction which will prevent the ingress or egress of rats to or from a given space or building or from gaining access to food, water or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings and other places that may be reached and entered by rats by climbing, burrowing or other methods by the use of materials pervious to rat gnawing and by other methods approved by the appropriate authority.

(40)

Refuse. All rotting and non-rotting solids, except body wastes, including garbage, rubbish, ashes and dead animals.

(41)

Refuse container. A watertight container that is constructed of metal or other durable material impervious to rodents and insects, that is capable of being serviced without creating unsanitary conditions or such other containers as have been approved by the appropriate authority. Openings into the container such as covers and doors shall be tight-fitting.

(42)

Rental unit. Any dwelling, dwelling unit, rooming house or rooming unit which is leased to another party, and any renter-occupied mobile home, except for the following:

(a)

A unit on which there is a signed purchase agreement, including a unit subject to acquisition by contract for deed, which is rented to the purchaser for not more than one hundred twenty (120) days prior to the date of possession by purchaser as set in the purchase agreement;

(b)

A temporary housing unit, as temporary housing is defined in Section 5.90.010(49).

(c)

A unit that is rented to a parent, grandparent, child or grandchild of an owner and for which no rent is paid and/or the parent, grandparent, child or grandchild pays one or more of the following: Real estate taxes, insurance and maintenance of the unit.

(d)

A hotel unit, motel unit, bed and breakfast, dormitory rooms, nursing homes, assisted living facilities, and other facilities subject to State of South Dakota inspections.

(43)

Rooming house. Any dwelling in which persons either individually or as families are housed with or without meals being provided; the definition of rooming house shall not include hotels, motels, bed and breakfasts, dormitories, nursing homes, assisted living facilities and group homes licensed by the State of South Dakota, and other facilities subject to State of South Dakota inspections.

(44)

Rooming unit. Any room or group of rooms forming a unit used or intended to be used for living and sleeping, but not for cooking purposes.

(45)

Rubbish. Non rotting solid wastes (excluding ashes) consisting of either:

(a)

Combustible wastes such as paper, cardboard, plastic containers, yard clippings and wood; or

(b)

Noncombustible wastes such as tin cans, glass and crockery.

(46)

Safety. The condition of being reasonably free from danger and hazards which may cause accidents or disease.

(47)

Space heater. A self-contained heating appliance of either the convection type or the radiant type and intended primarily to heat only a limited space or area such as one room or two (2) adjoining rooms.

(48)

Supplied. Paid for, furnished by, provided by or under the control of the owner, operator or agent.

(49)

Temporary housing. Any tent, trailer, mobile home or any 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 utility system on the same premises for more than thirty (30) consecutive days within a twelve month period.

(50)

Toxic substance. Any chemical product applied on the surface of or incorporated into any structural or decorative material which constitutes a potential hazard to human health at acute or chronic exposure levels.

(51)

Yard. All ground lawn, court, walk, driveway, or other space constituting part of the same premises or dwelling.

(Ord. No. 2126-5-120, 2-25-2013)