§ 6-88. Definitions.

(a)

For the purpose of this article:

(1)

Certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this article.

(2)

Words used in the singular include the plural and the plural the singular.

(3)

Words used in the masculine gender include the feminine and the feminine the masculine.

(4)

The term "and" indicates that all connected items or provisions apply.

(5)

The term "or" indicates that the connected items or provisions may apply singly or in combination.

(6)

Terms, words, phrases and their derivatives used, but not specifically defined, in this article either shall have the meanings defined in other chapters of this Code or, if not defined, shall have their commonly accepted meanings. If a conflict exists between a definition in other chapters and a definition in this article, the definitions in this article shall apply to actions taken pursuant to this article.

(b)

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:

Abatement of a nuisance means the act of removing, repairing, or taking other steps as may be necessary in order to remove a nuisance.

Accessory structure means any structure not intended for human occupancy which is located on residential property.

Approved means meets the standards set forth by applicable provisions of this article, including any applicable regulations for electric, plumbing, building, or other sets of standards included by reference in this article or article IV.

Basement means the usable portion of a building which is below the main entrance story and is partly or completely below grade.

Bathroom means a room that allows privacy and contains a toilet, sink, bathtub or shower.

Boarded means secured against entry by apparatus which is visible off the premises or is not lawful or customary to install on occupied structures.

Building means any structure used or intended to be used for supporting or sheltering any use or occupancy.

Building, existing means a structure erected prior to the date of adoption of the appropriate State Building Code, or one for which a legal building permit has been issued.

Building Official means the Building Official, Code Enforcement Officer or authorized representative charged with the enforcement and administration of this article.

Carbon monoxide alarm means a devise that detects carbon monoxide and produces a distinctive audible alert when carbon monoxide is detected.

Carbon monoxide source means a heater, fireplace, furnace, appliance, or cooking source that uses coal, wood, petroleum products, or other fuels that emit carbon monoxide as a by-product of combustion.

Dangerous structure means any structure which has any of the conditions or defects described in section 6-153.

Derelict structure means any structure which has any of the conditions or defects described in section 6-154.

Dwelling means any structure providing living facilities, designed for occupancy and including provisions for living, sleeping, eating, cooking and sanitation."

Dwelling classifications. Types of dwellings covered by this article include:

Apartment house means any building or portion of a building containing three or more dwelling units, which is designed, built, rented, leased, let, or hired out to be occupied for residential living purposes.

Hotel or Motel means any structure containing dwelling units that are intended, designed, or used for renting or hiring out for sleeping purposes by residents on a daily, weekly, or monthly basis, or a Recreational Vehicle Park as defined in the Independence Development Code 61.042.

Manufactured dwelling means a manufactured home, mobile home or residential trailer, as defined in ORS 446.003.

Single-family dwelling means a structure containing one dwelling unit, including adult foster care homes.

Single-room occupancy housing unit means a one-room dwelling unit that provides sleeping, cooking, and living facilities in which some or all sanitary or cooking facilities may be shared with other dwelling units.

Social care facilities means any structure or portion of a structure which is designed, built, rented, leased, let, hired out or otherwise occupied for group residential living purposes, which is not an apartment house, single-family dwelling or two-family dwelling. Such facilities include, but are not limited to, retirement facilities, assisted living facilities, residential care facilities, halfway houses, youth shelters, homeless shelters and other group living residential facilities.

Two-family dwelling means a structure containing two dwelling units, also known as a "duplex."

Dwelling unit means one or more habitable rooms that are designed or intended to be occupied by, one person, or a family or group living together as a single housekeeping unit that includes facilities for living and sleeping and, unless exempted by this chapter in sections 6-122 and 6-123, also includes facilities for cooking, eating, and sanitation.

Extermination means the elimination of insects, rodents, vermin, vector or other pests in or about the affected structure.

Facilities means the areas used as the kitchen and the bathroom.

Habitable room or space means a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

Hazardous materials means materials defined by the current adopted fire code as hazardous.

Immediate danger means any condition posing a direct, immediate threat to human life, health, or safety.

Infestation means the presence within or upon a structure, of insects, rodents, vermin, vector or other pests to a degree that may be harmful to the structure or its occupants.

Inspection means the examination of a property for the purpose of evaluating its condition.

Interested party means any person or entity that possesses any legal or equitable interest of record in a property including, but not limited to, the holder of any lien or encumbrance of record on the property.

Kitchen means a room used or designed to be used for the preparation of food.

Occupancy means the lawful purpose for which a structure or part of a structure is used or intended to be used.

Occupant means any person using a structure, or any part of a structure, for its lawful, intended use.

Occupied means used for an occupancy.

Operator means any person who has charge, care or control of a building or part of a building.

Outdoor area means all parts of property that are exposed to the weather including the exterior of structures built for human occupancy. The term "outdoor area" includes, but is not limited to, open and accessible porches, carports, garages, and decks; accessory structures; and any outdoor storage structure.

Owner means the person whose name and address is listed as the owner of the property by the County Tax Assessor in the county assessment and taxation records.

"Plumbing or plumbing fixtures" means any water, sewer, gas or vent pipes, garbage or disposal units, toilets, bidets, bathtubs, shower baths, dishwashers, clothes-washing machines or other similar equipment, catch basins, drains, vents, or other similarly supplied fixtures.

Property means real property and all improvements or structures on real property, from property line to property line.

Public right-of-way means any sidewalk, beauty strip, alley, street, or pathway, improved or unimproved, that is dedicated to public use.

Resident means any person occupying any portion of a structure for living or sleeping purposes.

Residential property means real property and all improvements or structures on real property intended to be used for residential purposes including any residential structure, dwelling, or dwelling unit as defined in this article and any mixed-use structures which have one or more dwelling units. Hotels that are used exclusively for transient occupancy, as defined in this article, are excluded from this definition of residential property.

Residential structure means any building or other improvement or structure containing one or more dwelling units as well as any accessory structure. The term "residential structure" includes any dwelling as defined in this article.

Responsible Person means an agent, occupant, lessee, tenant, contract purchaser, owner, or other person having possession or control of property or the supervision of any construction project.

Sink means a fixed basin connected to hot and cold running water and the structure's drainage system and primarily used for the preparation of food and the washing of items or personal hygiene.

Sleeping room means any room designed, built, or intended to be used as a bedroom.

Smoke alarm or detector means an approved detection device that produces a distinctive audible alert when products of combustion, other than heat, are detected.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece or work artificially built up or composed of parts joined together in some definite manner, including, but not limited to buildings.

Supplied means installed, furnished or provided by the owner or operator.

Toilet means a flushable plumbing fixture connected to running water and the structure's drainage system and used for the disposal of human waste.

Toilet compartment means a room containing only a toilet or only a toilet and sink.

Transient occupancy means occupancy of a dwelling unit in a hotel or motel, excluding a recreational vehicle park, where at least any of the following conditions are met:

(1)

Occupancy is charged on a daily basis and is not collected more than six days in advance;

(2)

The lodging operator provides maid and linen service regularly as part of the charged cost of occupancy;

(3)

The period of occupancy does not exceed 30 days; and

(4)

If the occupancy exceeds five days, the resident has a business address or a residence other than at the hotel.

Unoccupied means not used for occupancy.

Unsecured means any structure in which doors, windows or apertures that are open, unlocked or broken, which could allow access by unauthorized persons.

Vacant means any structure that is intended for human occupation and is not being occupied or inhabited.

(Ord. No. 1533, § 1(Exh. A), 8-12-2014)