Utica, N.Y., Code of Ordinances ch. 2-12 § 2-12-1

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ACCESSORY STRUCTURE A structure, the use of which is incidental to that of the main building, and which is attached to the main building or located on the same premises. APPROVED Approved by the head of the Code Enforcement Agency under the provisions of this chapter or the rules and regulations adopted pursuant to this chapter, or approved by an authority designated by law or by this chapter. BASEMENT The portion of the building that is partly underground which has more than 1/2 its height, measured from clear floor to ceiling above the average finished grade of the ground adjoining the building. BATHROOM An enclosed space containing one or more bathtubs, showers or both and which may also include toilets, lavatories or fixtures serving similar purposes. BUILDING A combination of any materials, whether portable or fixed, having a roof to form a structure affording shelter for persons, animals or property. "Building" shall be construed as though followed by the words "or part or parts thereof" unless the context clearly requires a different meaning. CELLAR The lowermost portion of the building partly or totally underground having half or more of its height, measured from clear floor to ceiling, below the average finished grade of the adjoining ground. CODE ENFORCEMENT AGENCY The agency empowered to enforce this chapter. DWELLING A building containing not more than two dwelling units occupied exclusively for residential uses. Residential uses shall include a private garage and customary home occupations conducted in the dwelling by the occupants such as the practice of a profession. DWELLING UNIT One or more rooms with living, cooking, sanitary and sleeping facilities in the room or rooms, arranged for one family with whom may reside not more than four lodgers or boarders. EXTERIOR PROPERTY AREAS Open space on the premises and vacant open space on adjacent premises. EXTERMINATION The control and elimination of insects, rodents and vermin by eliminating their harborage places; by removing or making inaccessible any materials that may serve as their food; by poisoning, spraying, fumigating or trapping or by any other approved means of pest elimination. GARBAGE The animal, vegetable and mineral waste resulting from the handling, preparation, cooking and consumption of food. GRADE The natural surface of the ground or the surface of the ground after completion of any change in contour. GROSS FLOOR AREA The total area of all habitable space. HABITABLE SPACE The space occupied by one or more persons for living, sleeping, eating or cooking. "Habitable space" does not include kitchenettes, bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms and basement or cellar recreation rooms. HEAD OF THE CODE ENFORCEMENT AGENCY The head of the agency empowered to enforce this chapter. INFESTATION The presence within or contiguous to a dwelling, dwelling unit, rooming house, rooming unit or premises of insects, rodents, vermin or other pests. KITCHEN A space, 60 square feet or more in floor area with a minimum width of five feet, used for cooking or preparation of food and deemed habitable space. KITCHENETTE A space less than 60 square feet in floor area used for cooking or preparation of food and not deemed habitable space. MULTIPLE RESIDENCE A building containing any of the following: (1) Three or more dwelling units. (2) Living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either of the families. (3) One or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants. 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. OPERATOR Any person who has charge, care or control of a multiple residence or rooming house in which dwelling units or rooming units are let or offered for occupancy. OUTSIDE DESIGN TEMPERATURE The temperature based on the average of the low temperatures recorded in the area, either during the last 25 years or as long as temperature records have been kept. OWNER The owner of the freehold of the premises or lesser estate, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person in control of a building. PLUMBING SYSTEM The pipes, fixtures and other apparatus for supplying water for consumption or for the conveyance of waste and drainage. POTABLE WATER Water duly approved as satisfactory and safe for drinking. PREMISES A lot, plot or parcel of land, including the buildings or structures on the land. PUBLIC SEWER A sewer operated by a public authority or public utility and available for public use. ROOMING HOUSE A building or part of a building which contains one or more rooming units and in which space is occupied or intended to be occupied by five 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 used or intended to be used for living or sleeping but not for cooking or eating purposes. RUBBISH All combustible and noncombustible waste except garbage. SEWAGE Waste from a flush toilet, bath, sink, lavatory, dishwashing or laundry machine or the water-carried waste from any other fixture or equipment or machine. STRUCTURE A combination of any materials, whether fixed or portable, forming a structure, including buildings. "Structure" shall be construed as though followed by the words "or part or parts thereof." SUPPLIED FACILITIES Facilities 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 utility system for more than 30 consecutive days. Any tent, trailer or other structure occupied for more than 30 consecutive days shall meet all requirements of this chapter. TOILET ROOM OR COMPARTMENT An enclosed space containing one or more toilets which may also contain one or more lavatories, urinals and other plumbing fixtures. VENTILATION The supply and removal of air to and from any space by natural or mechanical means. VENTILATION, MECHANICAL Ventilation by power-driven devices. VENTILATION, NATURAL Ventilation by an opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices.