§ 20.04.010. Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

Whenever the words 'dwelling', 'dwelling unit', 'roominghouse', 'rooming unit', 'premises' are used in this chapter, they shall be construed as though they were followed by the words 'or any part thereof.'

(1)

'Accessory structure' means 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.

(2)

'Apartment building' means a residential building designed or used for three or more dwelling units, including hallways, laundry facilities, common use areas and means of ingress and egress to such dwelling or dwelling units.

(3)

'Basement' means that portion of a dwelling between floor and ceiling which is partly below and partly above grade.

(4)

'Building Code' means the City of Wichita Building Code.

(5)

'City' means the City of Wichita, Kansas.

(6)

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

(7)

'Dwelling' means any building, apartment building, mobile home or manufactured home which is wholly or partly used or intended to be used for living or sleeping by human occupants.

(8)

'Dwelling unit' means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking, eating and part of which is exclusively or occasionally used for cooking.

(9)

'Efficiency Dwelling Unit' is a dwelling unit containing only one habitable room and meeting the requirements of 20.04.060 (1)(a) of this code.

(10)

'Electrical Code' means the City of Wichita Electrical Code as adopted by the City of Wichita.

(11)

'Electrical Inspector' means a person employed by the City of Wichita, in the Office of Central Inspection, for the purpose of inspecting electrical installations.

(12)

'Extermination' means the control and elimination of insects, rodents or other pests and termites by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and approved pest elimination method.

(13)

'Fire Chief' means the Director of the Fire Department of the City or his/her authorized representative.

(14)

'Good state of repair' means sound, stable, free of deterioration, and performing the function for which intended.

(15)

'Good working condition' means the item is fully operable for the use for which it was intended.

(16)

'Guardrail' means a system of building components located near the open sides of elevated walking surfaces for the purpose of minimizing the possibility of an accidental fall from the walking surface to the lower level.

(17)

'Habitable room' means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet rooms, laundries, pantries, foyers, communicating corridors, closets, storage spaces and basement rooms used only for recreational purposes.

(18)

'Handrail' means a railing provided for grasping with the hand for support.

(19)

'Health officer' means the Director of the Wichita Environmental Services Department or his/her authorized representative such as public health sanitarian or public health engineer or public health nurse.

(20)

'Hotel.' See 'Roominghouse.'

(21)

'Hot Water' means the water supply to plumbing fixtures heated to a temperature of not less than 110°F.

(22)

'Infestation' means the presence, within a structure, of any insects, rodents or other pests which may be harmful to the health or safety of the occupants or the soundness of the structure.

(23)

'Manufactured Home' means a structure consisting of one or more mobile components manufactured to the standards embodied in the National Manufactured Home Construction and Safety Standards Act generally known as the HUD Code established pursuant to 42 U.S.C. § 5403. Such units shall provide all the accommodations necessary to be a dwelling unit and shall be connected to all utilities in conformance with applicable regulations.

(24)

'Mechanical Code' means the City of Wichita Air Conditioning Refrigeration and Warm Air Heating Code as adopted by the City of Wichita.

(25)

'Mechanical Equipment' means gas-burning equipment and appliances.

(26)

'Mobile home' for purposes of this chapter, means a moveable detached single-family dwelling unit that was manufactured prior to 1976 and is not in conformance to the National Manufactured Home Construction and Safety Standards Act, or HUD Code, and licensed and located in accordance with Chapter 26 of the Code of the City of Wichita.

(27)

'Motel'. See 'Roominghouse.'

(28)

'Occupant' means any person, with or without the knowledge or consent of the owner, who has actual possession of a dwelling unit or rooming unit and who is living, sleeping, cooking or eating within the dwelling unit or rooming unit.

(29)

'Operator' means any person who has charge, care or control of a building, or part thereof, with or without the knowledge or consent of the owner, in which dwelling units or rooming units are let.

(30)

'Owner' means any person who is a holder of any legal or equitable interest in the premises, and alone or jointly or severally with others,

(A)

Has record legal title to any dwelling or dwelling unit with or without accompanying actual possession thereof; or

(B)

Has charge, care or control of any dwelling or dwelling unit which may include all persons who have an interest in a structure and any who are in possession or control thereof as owner or agent of the owner, contract purchaser, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner;

In the absence of substantial evidence to the contrary, records of the Sedgwick County Clerk's Office, Register of Deeds, certified copies of court records or judgments of any court, copies of lease agreements, contracts for deed, mortgages, tax records, rental agreements and other financial documents related to the property shall be conclusive evidence of the ownership of the property.

(32)

'Person,' as used in this chapter, means any individual, firm, association, company, syndicate, partnership, or other legal entity, or a natural person for the purposes of the occupancy standards hereof.

(33)

'Plumbing' means and includes all of the following supplied facilities and equipment: gas pipes, water heaters, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer or fuel lines, including water pipes and lines utilized in connection with air-conditioning equipment.

(34)

'Plumbing Code' means the City of Wichita Plumbing and Gas Fitting Code as adopted by the City of Wichita.

(35)

'Premises' shall mean a lot, plot or parcel of land including the dwellings and structures located thereon.

(36)

'Resident Agent' means a natural person residing within Sedgwick County, Kansas, or a company or agency with a manager or agent who resides in Sedgwick County, Kansas, authorized to make or order repairs, service to units and receive notices on behalf of the owner.

(37)

'Roominghouse' means any dwelling, or that part of any dwelling, containing one or more rooming units, in which space is available and used, or intended to be used, by five or more persons, none of whom are the legal spouse, offspring, parent, or sibling of the owner or operator.

(38)

'Rooming unit' means any room or group of rooms forming a single habitable unit, used or intended to be used for living and sleeping, but no part of which is exclusively or occasionally used for cooking.

(39)

'Safe and Sanitary' for purposes of this chapter shall mean free from conditions that are dangerous or could cause injury and free from elements such as filth or bacteria that endanger health.

(40)

'Sewer Code' means the City of Wichita Sewer, Sewage Disposal and Drains Code as adopted by the City of Wichita.

(41)

'Structurally Sound' means free of imperfections and/or deterioration which affect the intended use of a structure or the integrity of the footing, foundation, wall, roof, chimney, arch, window, door or porch/deck support systems.

(42)

'Superintendent of Central Inspection' means the superintendent or person in charge of the Office of Central Inspection of the City or his/her authorized representative.

(43)

'Supplied' means paid for, furnished or provided by or under the control of the owner or operator.

(44)

'Temporary housing' means any tent, trailer or motor home used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system for up to thirty (30) consecutive days.

(45)

'Workmanlike manner' means installation or repair which meets the minimum recommended installation and maintenance requirements of the product manufacturer and meets all applicable code requirements."

(Ord. No. 44-967 § 1; Ord. No. 47-302, § 1, 11-21-06)