§ 26-150. Definitions.

(a)

The following terms shall, for the purposes of this code, have the meanings ascribed to them in this section.

(b)

Terms not defined in this section but defined in the New Orleans' Comprehensive Zoning Ordinance, as amended, or the Building Code of the City of New Orleans, as amended, shall have the meanings ascribed to them in the zoning or building code.

(c)

Where terms are not defined in this section or in the New Orleans' Comprehensive Zoning Ordinance, as amended, or the Building Code of the City of New Orleans, as amended, they shall have their ordinarily accepted meanings such as the context implies.

(d)

Words are interchangeable insofar as words stated in the present tense include the future; words stated in the masculine gender include the feminine; the singular number includes the plural and the plural, the singular.

(e)

Whenever the words "structure," "accessory structure," "building," or "dwelling unit" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."

Accessory structure. A structure that is incidental to that of the main structure. Examples include: garages, carports, sheds, laundry rooms, green houses, and tool rooms.

Abate. Repair, rehabilitate, vacate, demolish, or any other action provided by the administrative hearing officer to correct the condition(s) in violation of this code.

Administrative hearing officer. An administrative adjudication hearing officer acting pursuant to Chapter 6 of the Code of the City of New Orleans.

Anchored. Secured in a manner that provides positive connection.

Approved. Acceptable to the code official.

Bathroom. A room containing plumbing fixtures including a bathtub or shower.

Bedroom. Any room or space used or intended to be used for sleeping purposes.

Building. Any structure used or intended for supporting or sheltering any use or occupancy.

Code official. The official who is charged with the administration and enforcement of this code, or their duly authorized representative.

Debris removal. The taking away from a premises the scattered remains of rubble, wreckage, or something broken or destroyed.

Demolition. Tearing down, razing, and removal of all resulting debris and material.

Deteriorate. Weaken, disintegrate, corrode, rust, decay, or otherwise lose effectiveness.

Dwelling unit. A single unit providing complete, independent, living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Equipment. Necessary items for a particular purpose.

Exterior property. The open space on the premises and/or property under the control of owners or operators of such premises.

Habitable space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage, or utility spaces, and similar areas are not considered habitable spaces.

Imminent danger. A condition which immediately threatens the health, safety, and welfare of an individual or the public.

Infestation. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.

Inoperable motor vehicle. A vehicle which cannot be driven upon the public streets for reasons including but not limited to: being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

Occupant. Any individual legally living or sleeping in a building, or having legal possession of a space within a building.

Occupy. To reside or have one's place of business within a structure.

Openable area. The part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Operator. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

Owner. Any natural or juridical person recorded in the official public record of the Parish as holding title to real property.

Premises. A lot, plot, or parcel of land, together with all or any part of any buildings or structures on the lot, plot, or parcel of land, considered as a unit devoted to a particular use, including accessory structures and open spaces required or used in connection with that particular use.

Stormwater management system. Any natural or manmade device, retention area, reservoir, apparatus or landscaping feature that retains storm water runoff within the boundary of a property lot for the purpose of facilitating ground absorption, evaporation, or otherwise slowing or reducing runoff into the public domain.

Structure. That which is built or constructed.

Toilet room. A room containing a water closet or urinal but not a bathtub or shower.

Uninhabitable. Not fit for habitation.

Vacant structure. A structure that:

(1)

Is without visible signs of continuous human habitation by persons legally entitled to be on the premises; and

(2)

Is substantially devoid of functional contents pertaining to the operations or activities customary to occupancy; or

(3)

Is unsecured, such that it is accessible without force to trespassers or other unauthorized persons.

Vacancy may be indicated by: the absence of utility usage, broken windows, broken doors, or collapsing or dilapidating features that pose a danger to the health or safety of surrounding residents or properties.

Any property that is capable of lawful occupancy and actively being marketed by its owner(s) for sale or rent shall not be deemed vacant.

Vacant land. A lot, plot, or parcel of land without a structure.

Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

Workmanlike. Executed in a skilled manner and performed with the same degree of care, skill, and diligence as would be ordinarily exercised by a competent practitioner of the same profession performing similar work under the same or similar circumstances; suitable for its intended purpose and free from defects in workmanship or materials.

(M.C.S., Ord. No. 25454, § 1, 8-22-13, eff. 9-1-13)