§ 5-55. Definitions.

The following terms and phrases when used in this article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense shall include the future, and the singular number includes the plural, and the plural, the singular.

Accessory structure shall mean a structure, the use of which is incidental to that of the main building and which is attached thereto or located on the same premises and shall include garages, carports, cabanas, storage buildings, and garden structures.

Alteration shall mean any change or modification of construction, of space arrangement, of the area or cubic contents of a building, or of the occupancy thereof.

Appointing authority shall mean the Broward County Board of County Commissioners, except where a municipality elects to remove itself from the provisions of this article.

Approved shall mean approved by the head of the enforcing agency.

Basement shall mean that portion of a building between floor and ceiling, which is so located that one-half (½) or more of the clear height from floor to ceiling is below grade.

Board shall mean the Unsafe Structures Board, maintained pursuant to the Florida Building Code, as authorized by Chapter 553, Part IV, Florida Statutes, and this article, as same may be amended.

Building shall mean a combination of materials to form a structure adapted to permanent or continuous occupancy for use for public, institutional, residential, business, industrial, or storage purposes; a structure which encloses space; a structure which gives protection or shelter for any occupancy. The term "building," when used in this article, shall be construed as if followed by the phrase "or part thereof." When portions of the same building are separated by fire walls, each portion so separated shall be deemed a separate building.

Cellar shall mean a portion of a building located partly or wholly underground and having one-half (½) or more than one-half (½) of its clear floor-to-ceiling height below the average finished grade of the ground adjoining the building. A cellar ceiling shall not be more than six (6) feet above said grade.

Deterioration shall mean the condition or appearance of a building, or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay or neglect, excessive use, or lack of maintenance.

Director shall mean the director, or designee, of the Broward County Permitting, Licensing and Consumer Protection Division, or successor agency, charged with enforcing zoning and building regulations within unincorporated Broward County and those areas located within municipalities that do not have a municipal ordinance in conflict with the provisions of this article. The term "director" shall be synonymous with head of "enforcing agency," as defined herein.

Dwelling shall mean any building which is wholly or partly used, or intended to be used, for living, sleeping, cooking, and eating purposes, provided that "temporary housing," as hereafter defined, shall not be regarded as a dwelling.

Dwelling unit shall mean 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 purposes.

Enforcing agency shall mean the Broward County Permitting, Licensing and Consumer Protection Division, and any successor department or division of County government.

Enforcing officer shall mean any employee of Broward County, or of any municipality, charged with the responsibility of making inspections of buildings and premises and issuing violation notices and citations when necessary. The term "enforcing officer" shall be synonymous with "inspection officer" and "code inspector."

Extermination shall mean 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 means and legal methods approved by the Broward County Health Department, or any successor agency.

Fire hazard shall mean any condition or act which increases the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing, or extinguishing fires; or which may obstruct, delay, hinder, or obstruct the prevention, suppression, or extinguishment of fire.

Florida Building Code shall mean that edition of said Code as authorized by Chapter 553, Part IV, Florida Statutes, as amended.

Garbage shall mean the animal, mineral, and vegetable waste resulting from the handling, preparation, cooking, and consumption of food.

Good state of repair as it relates to a structure shall mean that it is safe and reasonably comfortable for its ordinary intended use, or that the materials used in the structure are sound, stable, and performing the function for which they were intended; and as it relates to fixtures, appurtenances, and personalty located within, on, or adjacent to any structure, it shall mean that said property is sound, in a good state of repair, and fully performing the function for which it was designed.

Good working condition shall mean the item is fully operable for the use for which it was intended.

Habitable area shall mean two (2) or more habitable rooms.

Habitable room shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes.

Hardship shall mean a bona fide burden placed upon an aggrieved party and causing irreparable injury to said party as the result of the implementation of the provisions of this article.

Health code shall mean the Florida Sanitary Code as established by Chapter 64E of the Florida Administrative Code, as same may be amended.

Hotel shall mean any building or group of buildings, which contains sleeping room accommodations for three (3) or more guests, which offers the services generally provided by a hotel, and is recognized as a hotel in the community in which it is situated, or by the industry; is declared to be a hotel; or which must be licensed by the Florida Division of Hotels and Restaurants. For the purpose of this article, motels and buildings offering dormitory-type sleeping accommodations shall be included in this category.

Hotel unit shall mean any room or group of hotel rooms forming a single habitable unit used, or intended to be used, for living or sleeping purposes. For the purpose of this article, motel units and dormitory-type sleeping accommodations shall be included in this category.

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

Multiple dwelling shall mean any structure containing more than two (2) dwelling units.

Nuisance shall mean any condition that endangers life or health, obstructs reasonable or comfortable use of property, or any nuisance prohibited by general law, special law, local law, or ordinance.

Occupant shall mean any person sleeping, cooking, eating in, or having actual possession of a dwelling, dwelling unit, hotel unit, or rooming unit. In determining occupancy of a room used for sleeping purposes, children ten (10) years old and younger shall be counted as one-half (½) an occupant.

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

Ordinary winter conditions shall mean when the outdoor temperature is fifty (50) degrees Fahrenheit or below.

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

Person shall mean and include any individual, organization, trust, foundation, firm, group, society, corporation, association, partnership, or any combination thereof.

Plumbing shall mean, include, and refer to:

(1)

The materials, including pipes, fittings, valves, fixtures, and appliances attached to and a part of a plumbing or gas system for the purpose of creating and maintaining sanitary, heating, or cooking facilities in buildings, camps, and swimming pools on property where people live, work, play, assemble, or travel.

(2)

That part of a water supply and sewage and drainage system extending from either the public water supply mains or private water supply to the public sanitary, storm, or combined sanitary and storm sewers, or to a private sewage disposal plant, septic tank, disposal field, pit, box filter bed, or any other receptacle, or into any natural or artificial body of water or watercourse located on public or private property.

(3)

The design, installation, or contracting for installation, removal and replacement, or repair or remodeling of all or any part of the materials, appurtenances, or devices attached to and forming a part of a plumbing system, including the installation of any fixture, appurtenance, or device used for cooking, washing, drinking, cleaning, fire fighting, mechanical, or manufacturing purposes.

Premises signifies a distinct and definite locality or place with metes and bounds, as land alone or land with buildings thereon and shall mean: lands and tenements; an estate; the area of land surrounding a building, and actually, or by legal construction, forming one enclosure with it; and may mean land alone or land with buildings or appurtenances, a room, shop, or any definite area.

Rooming house shall mean any building containing one or more rooming units in which space is let by the owner or operator for living and sleeping purposes, but not for eating or cooking purposes; or which is required to be licensed by the Florida Division of Hotels and Restaurants as a rooming house. For the purpose of this article, boarding houses, guest houses, and cabins are included in this category.

Rooming unit shall mean any room or group of rooms, forming a single habitable unit, used, or intended to be used, for living and sleeping purposes, but not for cooking or eating purposes; and which is not categorized as a hotel or motel unit by the Florida Division of Hotels and Restaurants.

Rubbish shall mean all combustible and noncombustible waste materials except garbage, including but not limited to inoperative toys, bicycles, motorcycles, automobiles, mechanical equipment, and machines.

Structurally sound shall mean that the condition of a structure is such that it is free of imperfections and damage, which could adversely affect the intended use of the structure.

Structure shall mean that which is built or constructed, or any piece of work artificially built up or composed of parts joined 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." Supplied shall mean paid for, furnished, provided by, or under the control of the owner or operator.

Temporary housing shall mean any tent, trailer, or other structure used for human shelter, which is designed to be transportable and which is not permanently attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days.

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 any part thereof."

(Ord. No. 76-55, § 4, 10-12-76; Ord. No. 1998-43, § 11, 11-24-98; Ord. No. 2005-02, § 5, 1-11-05; Ord. No. 2010-09, § 1, 2-9-10; Ord. No. 2013-01, § 1, 2-12-13)