Binghamton, N.Y., Code of Ordinances ch. 265 § 265-2

The following definitions shall apply in the interpretation and enforcement of this chapter: A. Whenever the words "dwelling" and "dwelling unit," "rooming house," "rooming unit," "premises" and "structure" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof." B. Whenever the phrase "any provision of this chapter" is used in this chapter, it shall be construed as though it were followed by the words "or any rule or regulation adopted pursuant thereto." C. Whenever the words "Code Enforcement Bureau" are used, it shall be construed to mean or be equivalent to "Director of Code Enforcement and/or Code Enforcement Inspector." D. As used in this chapter, the following terms shall have the meanings indicated: ATTIC The space between the top of the uppermost floor construction and underside of the roof. BASEMENT The portion of a building located partly underground with less than 50% of its floor-to-ceiling height below the average grade of the adjoining ground. BOARD The Housing Board of Appeals. CELLAR A portion of a building located partly or wholly underground with at least 50% or more of its clear floor-to-ceiling height below the average grade of the adjoining ground. DETERIORATED OR DETERIORATING LOCATION Code Enforcement shall make a determination on each site visit that a property or building is deteriorated and define and document the reason for this determination according to one or more conditions: cracks in the foundation, multiple broken windows, defective construction, lack of proper sanitary facilities or adequate fire or safety protection, illegal uses and conversions, inadequate maintenance, abandoned building(s), and/ or obsolete systems of utilities which hamper or impede proper development. DIRECTOR OF CODE ENFORCEMENT The Code Enforcement Officer of the City of Binghamton who is the Chief Administrator of the City of Binghamton's Code Enforcement Bureau. DWELLING Any building, except for temporary housing, which is used or intended to be used for living or sleeping by human occupants. EMERGENCY SITUATION An immediate and substantial threat to the health or safety of occupants in a dwelling of the general public. Conditions constituting an emergency shall include but not be limited to a loss of significant water, heat, ventilation, or sanitary conditions of facilities; an immediate fire hazard; or a loss of lighting facilities that causes an immediate threat to the health or safety of the occupants. EXTERMINATION The elimination or control of insects, rodents or other pests by eliminating their harborage places or potential harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or any other recognized and legal pest elimination methods approved by the Code Enforcement Bureau. GARBAGE The animal or vegetable waste resulting from handling, preparation, cooking and the consumption of food or any other organic decomposable matter. GRASS MEDIAN The area of land that is located between the sidewalk and the curb of the street. HABITABLE ROOM or HABITABLE FLOOR SPACE A room or an enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes. Areas that shall not be considered habitable space include bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors or public halls, closets, and storage spaces. HEARING OFFICER The Mayor, Deputy Mayor, or any member of the City administration or resident of the City of Binghamton designated in writing for that purpose by the Mayor, excluding any member of the Code Enforcement Department. INFESTATION The presence, within and around a dwelling, of insects, rodents or other pests. MULTIPLE DWELLING Any dwelling containing more than two dwelling units. OCCUPANT Any person, over one year of age, living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit, unless otherwise provided. OPERATOR Any person who has charge, care or control of a building, or a part thereof, in which units are let. OWNER Any person who, alone or jointly or with others (1) shall have legal title (including through a land contract) to any dwelling or dwelling unit, with or without accompanying possession thereof, or (2) shall have charge, care or control of any dwelling or dwelling unit as either owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any person thus representing the actual owner according to the definition provided shall be bound to comply with the provisions of this chapter to the same extent were he or she the owner. PERSON Any responsible party, land contractee, individual, firm, corporation, association, partnership or any other similar entity. PLUMBING Includes 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, together with all connections to water, sewer or gas lines. RENTAL UNIT Any dwelling, dwelling unit, rooming house or rooming unit not solely occupied by the owner. REPRISAL (1) The institution of unreasonable eviction proceedings or other legal remedy relating to the occupant's right of possession; or (2) The imposition of an unreasonable rent increase; or (3) The willful or negligent curtailment of services required to be given the occupant by law or agreement. ROOMING HOUSE Any dwelling or that part of the dwelling containing one or more rooming units in which space is let by the owner or operator to four or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. ROOMING UNIT Any room or group of rooms forming a single habitable unit or intended to be used for living and sleeping. Rooming units shall not contain cooking or kitchen facilities and shall not be used for cooking and eating purposes. RUBBISH Combustible or noncombustible waste material except for garbage. "Rubbish" shall include but not be limited to the residue of burning wood, coal, coke and other combustible materials such as rags, paper, cartons, boxes, wood, excelsior, tree branches, grass and dust. STRUCTURE A combination of materials other than a building that forms a construction that is safe and stable and includes, among other things, stadiums, gospel or circus tents, reviewing stands, platforms, staging, observation towers, radio towers, sheds, storage bins, walls, fences and display signs. SUPPLIED Paid for, furnished or provided by or under the control of the owner or operator. TEMPORARY HOUSING Any tent, trailer 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 on the same premises for more than 30 consecutive days. UNOCCUPIED HAZARD Any building or part thereof which remains unoccupied for a period of more than six months with either doors, windows or other openings broken, removed, partially boarded or subject to entry; or any building under construction upon which little or no construction work has been performed for a period of eight months or more and which remains open and/or subject to entry. UNREGISTERED AND/OR UNLICENSED VEHICLE(S) Any vehicle, including a tractor and trailer, without a currently valid license plate or plates or which is in either a wrecked, discarded, dismantled, inoperative or abandoned condition and is not in a condition where it may be used on a public highway. An expired inspection sticker or lack of a current inspection sticker shall be presumptive evidence that a vehicle is not in a condition capable of being used on a public highway. Vehicles capable of being driven on a public highway and offered for sale by a automobile dealer duly licensed by the State of New York Department of Motor Vehicles to sell automobiles shall not be considered unregistered and/or unlicensed vehicles when offered for sale at the dealer's place of business as stated in his application for an automobile dealers license to the Commissioner of Motor Vehicles.