§ 17-6. Definitions.

In construing the provisions of this article, where the context will permit and no definition is provided herein, the definitions provided in the Florida Building Code shall apply. The following words and phrases when used in this article shall have the meanings ascribed to them in this section:

(1)

Approval shall mean approved by the Minimum Housing Enforcement Officer or authorized subordinate enforcement officers.

(2)

Authority Having Jurisdiction shall mean any and all municipal governments within geographic Miami-Dade County where the dwellings, dwelling units, rooming houses, rooming units and premises are located, and with respect to unincorporated Miami-Dade County, it shall mean the County.

(3)

Basement shall mean that portion of a building having less than one-half its clear floor-to-ceiling height below the average finished grade of the ground adjoining the building and its ceiling not more than six (6) feet above said grade.

(4)

Cellar shall mean that portion of a building having one-half or more than one-half of its clear floor-to-ceiling height below the average finished grade of the ground adjoining the building.

(5)

Dwelling shall mean any building which is let, including, to the extent not inconsistent with State or Federal law, a manufactured home or mobile home, which is wholly or partly used or intended to be used for living, sleeping, cooking and eating, provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.

(6)

Dwelling unit shall mean any room or group of 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.

(7)

Enforcement agency shall mean the code enforcement unit of the County or municipality therein and responsible for ensuring compliance with applicable codes, ordinances, rules and regulations within the time limits of the law.

(8)

Enforcement officer shall mean any designated employee or agent of the County or a municipality therein whose primary duty is the prevention, detection, investigation, and enforcement of violations of laws regulating public health, safety and welfare by enforcing applicable codes, ordinances, rules and regulations enacted by the employing jurisdiction.

(9)

Florida Building Code shall mean the unified building code for the State of Florida, adopted by the Florida Building Commission pursuant to Fla. Stat. Section 553.73 et seq., as the same may be amended from time to time.

(10)

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

(11)

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

(12)

Habitable room shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, shower rooms, water closet compartments, laundries, pantries, foyers, connecting corridors, closets and storage spaces.

(13)

Hot water shall mean water at a temperature greater than or equal to 110°F (43°C).

(14)

Infestation shall mean the presence of any insects, rodents, vermin, or other pests.

(15)

Let shall mean to allow the use of, contract, convey, demise, grant, grant the occupancy of, lease, lend, make available, rent or rent out real property.

(15.1)

Minimum housing enforcement officer shall mean any designated employee or agent of the County or municipality charged with the duty to supervise subordinate enforcement officers in the enforcement of applicable codes, ordinances, rules and regulations enacted by the County or municipality.

(16)

Occupant shall mean any person over one (1) year of age living, sleeping, cooking, eating in, or having actual possession of a dwelling, dwelling unit or rooming unit.

(17)

Operator shall mean the owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public lodging establishment or any person who has charge, care, or control of a building, or part thereof, in which dwelling units, rooming units, or dormitory-type sleeping accommodations are let.

(18)

Owner or record owner shall mean any person, firm, corporation or other legal entity, who individually or jointly or severally with others, holds the legal or beneficial title to any dwelling, dwelling unit, rooming house, rooming unit, facilities, equipment or premises subject to the provisions of this article. The term shall include the owner's duly authorized agent, a purchaser, devisee, fiduciary, property holder or any other person, firm, corporation or legal entity having a vested or contingent interest, or a taxpayer as defined in Florida Statutes Section 192.001(13), as may be amended from time to time. It is intended that this term shall be construed as applicable to the person, firm, corporation or legal entity responsible for the construction, maintenance and operation of the building, facilities or premises involved.

(19)

Premises shall mean any occupied or unoccupied building, accessory structure, lot, parcel of land, or any part thereof, used or intended to be let and used for residential purposes.

(20)

Rooming house shall mean any dwelling, or part of any dwelling, containing one (1) or more rooming units in which space is let by the owner or operator to persons in return for remuneration or for the provision of services or for both, in rooms furnished by the owner or operator.

(21)

Rooming unit shall mean any room or group of rooms, within a rooming house forming a single habitable unit, used or intended to be used for living and sleeping but not for cooking or eating purposes.

(22)

Rubbish shall mean all combustible and non-combustible waste materials except garbage. The term shall include residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass and crockery.

(23)

Supplied shall mean paid for, furnished, or provided by or under control of the owner or operator.

(24)

Temporary housing shall mean any structure used for human shelter which is not attached to the ground, to another structure, or in a permanent manner to any utilities system. Manufactured homes or mobile homes shall not be designated as temporary housing. For the purpose of this Code, living quarters for migratory agricultural workers shall be defined as temporary housing.

(25)

Meaning of certain words. Whenever the words "dwelling," "dwelling 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."

(26)

Any reference in this article to the words "approved," "adequate," "adequately," "properly installed," "properly connected," or "properly constructed," shall have reference to those standards set out in the Florida Building Code, the Rules of the State Board of Health, Chapters 5, 15 and 26A of the Code of Miami-Dade County or other applicable local code enforcement regulation, and any other enactment of law applicable to the structure or particular portion or system of the structure under inspection by the enforcement agency.

(Ord. No. 63-30, § 1.06, 7-16-63; Ord. No. 69-46, § 1, 7-23-69; Ord. No. 74-11, § 1, 3-20-74; Ord. No. 74-44, § 1, 6-18-74; Ord. No. 76-27, § 2, 3-16-76; Ord. No. 88-15, § 1, 3-15-88; Ord. No. 92-117, § 1, 10-13-92; Ord. No. 92-147, § 1, 11-17-92; Ord. No. 18-18, § 1, 2-6-18)