§ 9-236. Definitions.

(a)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approved - Approved by the head of the enforcement agency, or a duly authorized designee.

Basement - A portion of a building located partly underground but having less than one-half of its clear floor-to-ceiling height below the average finished grade of the ground adjoining the building.

Building - A structure which encloses space; a structure which gives protection or shelter for any occupancy. The term "building" shall be construed as if followed by the phrase "or part thereof." When separated by fire division walls, each portion so separated shall be deemed a separate building.

Cellar - A portion of a building located partly or wholly underground and having one-half or more than half of its clear floor-to-ceiling height below the average finished grade of the ground adjoining the building. Its ceiling shall not be more than six (6) feet above grade.

City - The City of Fort Lauderdale.

Code - The Code of Ordinances of the City of Fort Lauderdale, Florida, including the ULDR.

Director - The director, division head or manager of the enforcing agency or a duly authorized designee.

Duplex - A single building structure consisting of two residential units either side by side or one over another.

Dwelling - Any building which is wholly or partly used or intended to be used for living, sleeping, cooking and eating, providing that temporary housing as defined in this section shall not be regarded as a dwelling.

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

Enforcing agency - The City of Fort Lauderdale.

Enforcing officer - Any employee of the enforcing agency charged with the responsibility of making inspections of buildings and premises and issuing violation notices when necessary. The term shall be synonymous with "inspection officer."

Extermination - The control of insects, rodents, vermin, or other pests by destroying their harborage places, by removing or making inaccessible those materials that may serve as their food, by poisoning, spraying, fumigating, trapping, or by any other recognized and legal methods approved by the county health department.

Garbage - Every waste accumulation of animal or vegetable matter which attends the preparation, use, cooking, processing, handling or storage of meats, fish, fowl, fruits, vegetables or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors or which, during or after decay, may serve as breeding or feeding material for insects, rodents, vermin or other pests.

Habitable area - Two (2) or more habitable rooms.

Habitable room - A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes The term shall not include kitchenettes and efficiency kitchens which have a floor area of less than sixty (60) square feet, bathrooms, shower rooms, water closet compartments, laundries, pantries, foyers, connecting corridors, closets, and storage spaces.

Head of enforcement agency - The city manager or a duly authorized designee.

Hotel - Any building containing ten or more rooms, intended or designed to be used or which are used, rented or hired out to be occupied, or which are occupied by persons for sleeping purposes by paying guests.

Hotel unit - Any room or group of hotel rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. For the purpose of this article, motel units and dormitory-type sleeping accommodations shall be included in this category.

Infestation - The presence of any destructive or disease-bearing insects, rodents, vermin, or other pests.

Inoperable vehicle - Any vehicle, whether motorized or nonmotorized, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current license tag is presumed to be inoperable.

Inspecting officer - A duly authorized city inspector and synonymous with the term "enforcing officer" as defined in this section.

Occupant - Any person over one (1) year of age living, sleeping, cooking, eating in, or having actual possession of a dwelling, dwelling unit, hotel unit, or rooming unit, except in determining occupancy of a room used for sleeping purposes, children ten (10) years old and younger shall be counted as one-half an occupant.

Operator - Any person who has charge, care, or control of a building, or part thereof, in which dwelling units, hotel rooms, rooming units, or dormitory-type sleeping accommodations are let.

Owner - Any person who, alone or jointly or severally with others has legal or equitable title to any dwelling, dwelling unit, hotel or rooming house with or without actual possession thereof.

Person - Includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

Premises - A platted or unplatted lot or parcel of land or part thereof either occupied or unoccupied by a dwelling or nondwelling structure.

Residential building or structure - Any building occupied, or intended to be occupied as a dwelling, or for residential use by one or more persons, including, but not limited to, single-family, duplex, townhouse or multifamily dwelling.

Rooming house - Any dwelling or part of any dwelling, containing one (1) or more rooming units in which space is let by the owner or operator on a predominantly permanent basis to three (3) or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. For the purpose of this article, boardinghouses are included in this category.

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

Rubbish - Combustible and noncombustible waste materials, except garbage, including, but not limited to, nonoperative toys, mechanical equipment, machinery, or inoperable vehicles.

Single-family - Any single-family structure which may include a duplex or townhouse.

Solid waste - Useless, unwanted or discarded solid material with insufficient liquid content to be free flowing, including, but not limited to, any and all bulk trash, commercial trash, rubbish, building materials, garbage, household trash, commercial and industrial waste, litter, refuse, scrap materials, white goods, boat parts, car parts, junk, trailer parts, furniture, tree trimmings, yardwaste, construction debris, demolition debris or any other similar solid material or waste that is unwanted or discarded or surrendered for collection disposal, but shall not include sludge from air or water pollution control facilities, septic tank sludge or agricultural or unacceptable waste.

Structure - Is that which is built or constructed, or any piece of work artificially built up or composed of parts jointed together in some definite manner, the use of which requires more or less permanent location on the ground, or which is attached to something having a permanent location on the ground. The term shall be construed as followed by the words "or part thereof." The term structure shall also include a building.

Supplied - Paid for, furnished or provided by or under 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 in a permanent manner to any utilities system. For the purpose of this article, living quarters for migratory agricultural workers shall be defined as temporary housing.

Townhouse - A single-family dwelling unit constructed in a series or group of attached units with a property line separating such units.

ULDR - Unified Land Development Regulations of the City of Fort Lauderdale, Florida.

(b)

Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "hotel," "hotel unit," "rooming house," "rooming unit," and "premises," are used in this article, they shall be construed as though they were followed by the words "or by any part thereof."

(Code 1953, §§ 48-41, 48-50; Ord. No. C-75-26, § 2, 3-18-75; Ord. No. C-85-108, § 1, 12-17-85; Ord. No. C-99-70, § 2, 12-21-99)