§ 17A-5. Definitions.

In construing the provisions of this chapter, 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 chapter shall have the meanings ascribed to them in this section:

(1)

Accessory structure shall mean any secondary structure located on the parcel of land upon which a vacant structure is located, which is subordinate to and not forming an integral part of the major or principal building and may or may not be occupied for dwelling purposes; accessory structures shall include but not be limited to swimming pools, sheds, garages, barns and shacks.

(2)

Approval shall mean approved by the head of the enforcement agency or his authorized representative.

(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 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)

Enforcing agency shall mean the Minimum Housing Enforcement Officer of Metropolitan Miami-Dade County as defined and established in Section 17-7 of the Code of Metropolitan Miami-Dade County.

(8)

Enforcing officer shall mean any employee of the enforcement agency charged with the responsibility of making inspection of buildings and premises and issuing violation notices when necessary. The term shall be synonymous with "inspecting officer."

(9)

Extreme hardship shall describe a condition existing in a case before the Minimum Housing Appeals Board when a vacant housing structure or vacant premises does not fully comply with the provisions of this chapter but is structurally sound and does not have safety deficiencies and when the repair of such structure or premises, in order to assure compliance with the Code, would result in great economic hardship to the owner, with commensurately little benefit to the owner, to the neighborhood, and to the public at large.

(10)

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

(11)

Head of enforcement agency shall mean the Minimum Housing Enforcement Officer of Metropolitan Miami-Dade County.

(12)

Hotel shall mean any dwelling or commercial building, or any part of any dwelling or commercial building, containing one (1) or more hotel units in which space is let by the owner or operator on a predominantly temporary basis to three (3) or more persons who are not husband or wife, son or daughter, mother or father, sister or brother of the owner or operator. Motels and buildings offering dormitory-type sleeping accommodations shall be included in this category.

(13)

Hotel unit shall mean 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. Motel units and dormitory-type sleeping accommodations shall be included in this category.

(14)

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

(15)

Inspecting officer shall be synonymous with the term "enforcing officer" as previously defined.

(16)

Occupant shall mean any person living, sleeping, cooking, eating in, or having actual possession of, a dwelling, dwelling unit, hotel unit or rooming unit.

(17)

Operator shall mean any person who has charge, care or control of vacant dwellings, vacant dwelling units, vacant hotels, vacant hotel units, vacant rooming houses, vacant rooming units, or vacant premises. Upon the filing of a lis pendens and/or an action, the purpose of which is to foreclose upon the mortgage or similar instrument that secures a debt upon the property, the owner and holder of the note and mortgage or other similar instrument shall be considered an operator of a vacant property for purposes of the maintenance of the vacant property as set forth in this Chapter. This status as an operator shall remain until such time as the property is sold or transferred to a new owner or the foreclosure action described herein is dismissed.

(18)

Owner shall mean any person, firm, trust, partnership, joint venture, corporation or other legal entity, who individually, or jointly or severally with others, holds the legal or beneficial title to any vacant dwellings, vacant dwelling units, vacant hotels, vacant hotel units, vacant rooming houses, vacant rooming units, or vacant premises subject to the provisions of this chapter. The term "chapter" shall include, but not be limited to, the owner's duly authorized agent, a purchaser, devisee, fiduciary, property holder, or any other person, firm, trust, partnership, joint venture, corporation or other legal entity having a vested or contingent interest in the vacant housing structures aforesaid, or, in the case of leased premises, the legal holder, beneficiary or lessee of a lease in the vacant housing structures aforesaid. It is intended that this term shall be construed as applicable to the person, firm, trust, partnership, joint venture, corporation or other legal entity responsible for the maintenance or operation of the vacant housing structures aforesaid.

(19)

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 on a predominantly permanent basis to three (3) or more persons who are not husband or wife, son or daughter, mother or father, sister or brother of the owner or operator. For the purpose of this Code, boardinghouses are included in this category.

(20)

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 but not for cooking or eating purposes.

(21)

Rubbish shall mean all combustible and noncombustible 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.

(22)

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

(23)

Temporary housing shall mean 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 Code, living quarters for migratory agricultural workers shall be defined as temporary housing.

(24)

Vacant commercial structure shall mean any vacant structure intended to be utilized in commerce or for commercial activities.

(25)

Vacant dwelling shall mean any building which is wholly or partially equipped for living, sleeping, cooking and eating but which is neither actually used nor intended by the owner to be used for living, sleeping, cooking and eating.

(26)

Vacant dwelling unit shall mean any room or group of rooms located within a dwelling or vacant dwelling which forms a single unit wholly or partially equipped for living, sleeping, cooking and eating but which is neither actually used nor intended by the owner to be used for living, sleeping, cooking and eating.

(27)

Vacant hotel shall mean any vacant commercial building containing one (1) or more vacant hotel units.

(28)

Vacant hotel unit shall mean any room or group of rooms located within a hotel, motel, or vacant hotel which forms a single unit wholly or partially equipped only for living and sleeping but not for cooking and eating and which is neither actually used nor intended by the owner to be used for living and sleeping.

(29)

Vacant premises shall mean any vacant structure and accessory structure thereof and the parcel of land upon which it is located.

(30)

Vacant rooming house shall mean any vacant building containing one (1) or more vacant rooming units.

(31)

Vacant rooming unit shall mean any rooms or group of rooms located within a rooming house or vacant rooming house which forms a single unit wholly or partially equipped for only living and sleeping but not for cooking and eating and which is neither actually used nor intended by the owner to be used for living and sleeping.

(32)

Vacant structure shall mean vacant commercial structures, vacant dwellings, vacant dwelling units, vacant hotels, vacant hotel units, vacant rooming units, and vacant premises.

Whenever the words "vacant commercial structure, "vacant dwelling," "vacant dwelling unit," "vacant hotel," "vacant hotel unit," "vacant rooming house," "vacant rooming unit," "vacant premises," and "vacant housing structure" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof." Any reference in this chapter to the words "approved," "adequate," "adequately," "properly installed," "properly connected," or "properly constructed," shall have reference to those standards set out in the South Florida Building Code, the rules of the State Board of Health, Chapters 5, 15 and 26A of the Metropolitan Code, and any other enactment of law applicable to the structure or particular portion or system of the structure under inspection by the enforcing agency.

(Ord. No. 80-65, § 1, 6-17-80; Ord. No. 89-52, § 1, 6-6-89; Ord. No. 95-228, § 1, 12-19-95; Ord. No. 08-134, § 9, 12-2-08)