City of Española, NM Generally

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

ACCESSORY BUILDING

A subordinate building, attached or detached from the main building, the use of which is incidental to that of the main building and not used as a place of habitation.

BASEMENT

A portion of a building located partly or wholly underground.

BUILDING INSPECTOR

The legally designated Building Inspector of the City or his authorized representative.

DWELLING

Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided, however, that temporary housing shall not be regarded as a dwelling.

DWELLING UNIT

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

EXTERMINATION

The control and elimination of insects, rodents, or other pests by eliminating their harborage places by removing or making inaccessible materials that may serve as their food by poisoning, spraying, fumigating, or trapping; or by any other recognized and legal pest elimination methods approved by the City inspector.

GARBAGE

The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

HABITABLE ROOM

A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, storage spaces, photographer's darkroom, or other rooms designed for special uses where daylight is not desirable.

INFESTATION

The presence, within or around a dwelling, of any insects, rodents, or other pests of such kind or in such numbers as to cause a hazard to health or to be a nuisance.

MULTIPLE DWELLING

Any dwelling containing more than two dwelling units.

OCCUPANT

Any person over the age of four years, living, sleeping, cooking, or eating in, or having actual possession of a dwelling unit or rooming unit.

OPERATOR

Any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let.

OWNER

Any person who, alone or jointly or severally with others, shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or shall have charge, care, or control of any dwelling or dwelling unit, as owner or agent of the owner.

PLUMBING

Includes all of the following facilities and equipment: gas pipes, gas-burning equipment, water pipes, water closets, sinks, garbage disposal units, waste pipes, 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 gas lines.

ROOMING UNIT

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

ROOMING HOUSE

Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.

RUBBISH

Includes, but is not limited to, combustible and noncombustible waste materials, except garbage; and the term shall include the 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, metals, minerals, materials, glass, crockery, dust, refrigerators and iceboxes.

SUPPLIED

Paid for, furnished, or provided by, or under the 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 affixed to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days.

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