§ 8-4. Definitions.

AGA. American Gas Association.

Accessory building or accessory structure. A subordinate building or structure, attached to or detached from the main building, and customarily incidental to the principal building.

Alteration. Any change, addition, or modification in construction; or replacing, adding, modifying, removing, or exchanging manufactured homes, recreational vehicles, or other structures, moving in a new or additional manufactured home, recreational vehicle, or other structure, changing or adding manufactured home community or recreational vehicle community plot or lot lines, and changing manufactured home community or recreational vehicle community property lines.

Athletic facility. A building, room, or portion of a room accessible to all residents, which is used for athletic or exercise activity.

Back end. The end of a manufactured home or recreational vehicle which is the opposite end from the front end of the unit.

Back side. The side of the manufactured home or recreational vehicle which is the opposite side from the front side of the unit.

Bathroom. An enclosed space or spaces containing one (1) or more toilets, lavatories, bathtubs, showers, or any combination of fixtures serving similar purposes.

Bedroom. A room used or intended to be used for sleeping purposes and not as a kitchen, bathroom, living room, closet, hallway, utility space, entry way, garage, patio, or breezeway.

Brush shall mean scrub vegetation or dense undergrowth.

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

Building and standards commission. The building and standards commission established in this chapter and Texas Local Government Code Chapter 54, Subchapter C.

Building code. The current locally adopted building, residential, electrical, plumbing, mechanical, fuel gas, energy, and fire codes.

Building official. The city manager designee to this position or his or her designated representative.

Carport. A roof projecting from the wall of a building or supported on posts or columns and used to shelter motor vehicles, boats, camper tops, or trailers.

Carrion shall mean the dead and putrefying flesh of any animal, fowl or fish.

Certificate of occupancy. A certificate issued by the building official authorizing occupancy of a building following an inspection to determine compliance with the minimum and maintenance standards in this chapter.

City. The City of Irving or its designated representative, including, but not limited to, the city manager, code enforcement director, building official, fire chief, and police chief.

City manager. The city manager of the City of Irving or his or her designated representative.

Clean condition. Free from:

a.

Chemical contamination; or

b.

Microbial contamination; or

c.

Insect or rodent contamination; or

d.

Displaying or undergoing spoilage or putrefaction.

Clubhouse. A building or room accessible to all residents, which is used for meetings or recreation.

Code shall mean the Code of Civil and Criminal Ordinances of the City of Irving, Texas.

Code enforcement director. The code enforcement director of the City of Irving or his or her designated representative.

Commercial residential property. Includes multi-family dwelling community, manufactured home community, and recreational vehicle community.

Commission. The City of Irving Building and Standards Commission.

Driveway. A private accessway leading from a street or other thoroughfare to a building, garage, recreational vehicle, or manufactured home.

Duplex. A single structure designed and constructed with two (2) dwelling units under a single roof for occupancy by two (2) families, one (1) in each unit.

Dwelling. A structure, including multi-family dwelling community building, single-family, duplex, triplex, manufactured home, recreational vehicle, or hotel, occupied or for the purpose of human habitation or residence.

Dwelling unit. Any room or group of rooms occupied, or which is intended or designed to be occupied as the home or residence of one (1) individual, group of individuals, Family, or household for housekeeping purposes.

Easily cleanable:

a.

Readily accessible; and

b.

Made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.

Efficiency. A dwelling unit that has only one (1) habitable space.

Essential utility. Gas, electric, water, sanitary sewer, storm sewer, heating fuel, heating system, and air conditioning.

Family. One (1) or more persons who are related to the head of the household by blood, marriage, or adoption and no more than three (3) unrelated persons living together as a single housekeeping unit and occupying a single dwelling with single kitchen facilities on a non-profit, cost-sharing basis. Foster children shall be considered to be related members of the family.

Filth shall mean any matter in a putrescent state.

Fire chief. The fire chief of the City of Irving or his or her designated representative.

Front end. The end of a manufactured home or recreational vehicle where the tongue would be attached or where the headlights are.

Front side. The side of the manufactured home or recreational vehicle where the front door is located or left side when facing the tongue or headlights.

Garbage shall mean all decayable wastes.

Good condition. Free from structural deficiencies and in compliance with the minimum standards of all applicable laws.

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

Heat detection system. A centrally monitored heat detection system permitted and approved by the fire chief.

Hotel. Building in which hotel rooms are located; includes motel.

Hotel room. The portion of the hotel or motel which may be used by a guest as a permanent or temporary residence, including single rooms and suites.

Housekeeping unit. Room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking, and eating which does not contain, within such unit, a toilet, lavatory, and bathtub or shower.

HUD. The United States Department of Housing and Urban Development.

Impure or unwholesome matter shall mean a putrescible or nonputrescible condition, object or matter, which tends, may, or could produce injury, death, or disease to human beings.

Installation. The construction of the foundation systems, whether temporary or permanent, and the placement and erection of a recreational vehicle, manufactured home, manufactured home component, manufactured home accessory, including fuel tanks, on or near the foundation system and includes supporting, blocking, leveling, securing, anchoring, and properly connections of multiple or expandable sections or components, and performing minor adjustments.

Junk shall mean all worn out, worthless, or discarded material, including, but not limited to, odds and ends, old iron or other metal, glass, and cordage.

Landlord. The owner, owner's agent, lessor, or sublessor of a building, unit, or section of ground; any person who has control of a building or of any portion of real property.

License. A license issued by the city to persons who qualify to own or manage a multi-family dwelling community, manufactured home community, recreational vehicle community, or hotel.

Licensee. The person who qualifies to own or manage a multi-family dwelling community, manufactured home community, recreational vehicle community, or hotel.

Manager. A person in control of the property. This term includes landlord, operator, property manager, resident manager, or a person who is responsible for the day-to-day operations of a property. In a condominium regime, this includes the council of owners.

Manufactured home. See the definition in Section 1201.003 of the Texas Occupations Code.

Manufactured home community. Any lot, tract, or parcel of land used in whole or in part for parking two (2) or more manufactured homes.

Manufactured home unit plot. A section of the manufactured home community designated for the placement of a single manufactured home.

Master-metered multi-family dwelling community. A multi-family dwelling community where the occupants are provided one (1) or more utility services for which they do not pay the utility company directly.

Multi-family dwelling community. Any building or group of buildings which provide four (4) or more dwelling units on a single platted lot, or if the land on which the building or buildings is unplatted, then any building or group of buildings which provide four (4) or more dwelling units on a tract or on contiguous tracts of land under a common ownership or a condominium regime.

Multi-family dwelling community license. A license issued by the building official pursuant to this chapter.

Objectionable, unsightly or unsanitary matter shall mean any matter, condition, or object, which is or should be objectionable, unsightly, or unsanitary to a person of ordinary sensitivities.

Occupant. Any person living, sleeping, cooking, eating in, or having actual possession of a building or a space within a building, including a resident.

Office. A location on the property of a building, multi-family dwelling community, manufactured home community, or recreational vehicle community, where business is conducted for the property.

Outside temperature. The temperature measured in the shade immediately outside the building in question.

Owner. A person claiming, or in whom is vested, the ownership, dominion, or title to real property, including, but not limited to:

a.

The owner of a fee simple title;

b.

The holder of a life estate;

c.

The holder of a leasehold estate for an initial term of five (5) years or more;

d.

The buyer in a contract for deed;

e.

A mortgagor, borrower, or debtor under a deed of trust or promissory note;

f.

A mortgagee, receiver, executor, or trustee in control of real property;

g.

The landlord, lessor, or sublessor of a dwelling, commercial residential property, or hotel;

h.

The agent of the owner of a fee simple title, holder of a life estate, holder of a leasehold, buyer, mortgagee, receiver, executor, trustee, landlord, lessor, sublessor, or other person in control of the property. Landlord, lessor, or sublessor; and the landlord, lessor, or sublessor of a dwelling, commercial residential property, or hotel.

Permit. An official document or certificate issued by the city authorizing performance of a specified activity.

Person. An individual, corporation, business trust, estate trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity.

Placard. Notice placed on the exterior of a building or dwelling unit which the building and standards commission has determined to be dangerously damaged or deteriorated, or likely to endanger persons or property.

Plumbing. Gas pipe, fuel supply line, private underground fuel main, domestic water supply line, toilet, lavatory, sink, laundry tub, catch basin, wash basin, bathtub, shower, waste sewer pipe, sewerage system, septic tank, drain, vent, trap, any other fuel-burning or water-using fixture or appliance, private fire hydrant, and all connections to water, waste, sewer, or gas pipes.

Police chief. The police chief of the City of Irving or his or her designated representative.

Pool. Any structure, swimming pool, spa, basin, chamber, or tank containing an artificial body of water for swimming, diving, or physical fitness, or recreational bathing and having a depth of two (2) feet or more at any point. This phrase does not include lakes or creeks.

Porch or deck. A structure adjacent to an entry door of a building.

Public works director. The public works director or his or her designated representative.

Putrescible waste shall mean waste liable to become putrid (decomposed or rotten), usually applied to food and animal products.

Premises. A lot, plot, or parcel of land including any structures thereon.

Recreational vehicle. A vehicle which is built on a single chassis, four hundred (400) square feet or less when measured at the largest horizontal projections, including slide out, self-propelled, or towable and designed primarily not for use as a permanent dwelling unit, but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational vehicle community. Any lot, tract, or parcel of land used in whole or in part for parking two (2) or more recreational vehicles.

Refuse shall mean a heterogeneous accumulation of worn out, used up, broken, rejected or worthless materials and includes garbage, rubbish, paper or litter and other decayable or nondecayable waste.

Resident. Any person who inhabits a dwelling unit for living or dwelling purposes with the manager's consent.

Right-of-way. Land which is used as a roadbed for a street, alley, or highway intended for use by the public at large, or land set aside as an easement or in fee, either by agreement or condemnation.

Risk rating. A quantitative designation of 1 (best) through 4 (worst), assigned to a multi-family dwelling community based on several factors including, but not limited to, age, property condition, maintenance standards, provision of life safety systems, management practices, and other factors as determined by the city manager or his or her designated representative and as set forth in the risk rating assessment form maintained in the office of the code enforcement director.

Rooming unit. Room or group of rooms forming a single habitable unit occupied or intended to be occupied for living or sleeping, but not for cooking purposes.

Rubbish shall mean trash, debris, rubble, stone, useless fragments of building materials, or other miscellaneous useless waste or rejected matter.

Single location. Property held in common ownership that is on a single tract or on contiguous tracts separated only by public streets.

Stagnant shall mean foul or stale from standing.

Street. Any roadway, fire lane, accessway, or alley.

Structure. That which is built or constructed; an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.

Triplex. A single structure designed and constructed with three (3) dwelling units under a single roof for occupancy by three (3) families, one (1) in each unit.

Unit. Manufactured home space, manufactured home, recreational vehicle, washateria, office, clubhouse, and athletic facility.

Unit plot. A piece of ground set aside and designated for occupancy for one (1) manufactured home, recreational vehicle, or actually occupied by a manufactured home or recreational vehicle.

Unit plot line. The imaginary or actual marked line around any manufactured home unit plot or recreational vehicle unit plot.

Utility company. The entity providing gas, electric service, water, or sanitary sewer to a master-metered multi-family dwelling community.

Utility interruption. The termination of utility service to a master-metered multi-family dwelling community, by a utility company for nonpayment of billed service.

Washateria. A self-service laundry room accessible to all residents which contains one (1) or more washer and dryer.

Weeds shall mean vegetation, including grass, that because of its height is objectionable, unsightly or unsanitary, but excluding:

(1)

Shrubs, bushes, and trees,

(2)

Cultivated flowers, and

(3)

Cultivated crops.

Zoning ordinance. The City of Irving, Texas Development Codes: Zoning and Subdivision Ordinances.

(Ord. No. 2008-9000, § 2, 10-2-08; Ord. No. 2009-9138, § 1, 12-3-09; Ord. No. 2011-9308, § 2, 2-9-12; Ord. No. 2018-10114, §§ 2, 3, 9-20-18 )