Sec. 7-126. - Definitions.
Unless otherwise expressly stated, the following terms shall, for the purposes of this division, have the meanings shown in this section. Where terms are not defined, through the methods authorized by this section, such terms shall have ordinarily accepted meaning such as the context implies.
Citation means a charge or formal written accusation of violation of a municipal, state or federal law, regulation or ordinance.
Dwelling means any building, structure or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
Dwelling unit means any one (1) or more rooms arranged for the use of one (1) or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.
Family means:
(1) An individual;
(2) One (1) or more persons related by blood or marriage with any number of natural children, foster children, stepchildren or adopted children, plus not more than two (2) unrelated persons living together as a single housekeeping unit; or
(3) A group of not more than four (4) persons not related by blood, marriage, adoption, or guardianship, living together as a single housekeeping unit, except that for properties in non-residential zoning districts containing twenty (20) or more dwelling units the maximum number of unrelated persons allowed in a single housekeeping unit shall be six (6).
Landlord means owner, lessor, or sublessor of the premises, whether a person, firm or corporation, including any professional management company or other agent of the landlord exercising control over the premises.
Occupant means any person(s) living and sleeping, either or both, in a dwelling or dwelling unit. A family shall be counted as one (1) occupant.
Offense means any violation of local, state, or federal statutes or ordinances which results in a forfeiture of bond, plea of guilty, no contest, acceptance into pre-trial intervention, alcohol education program or a determination of guilt by a court or a jury. For purposes of this division, all violations for which charges are made during one (1) response by law enforcement officers which result in a forfeiture of bond, acceptance into a pre-trial intervention program, alcohol education program, conviction, or a plea of guilty or no contest collectively shall be deemed one (1) offense.
Owner means any means one (1) or more persons, jointly or severally, in whom is vested (i) all or part of the legal title to real property, as may be shown of record in the land records of this state or (ii) all or part of the beneficial ownership and a right to present use and enjoyment of the premises.
Organization includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity.
Person includes an individual or organization.
Premises means a residential rental unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant.
Professional management company means any company licensed by state department of labor, licensing and regulation as a real estate broker or property manager.
Residential rental permit district shall mean an area subject to the provisions of this division 4 upon designation by city council.
Residential rental unit or rental unit means a room or group of related rooms within a dwelling or dwelling unit, held out for use and occupancy as a living facility for tenants generally, or whose use is promised to the tenant for use and occupancy as a living facility, for a period exceeding twenty-nine (29) consecutive days. Whenever the words residential rental unit or rental unit are stated in this Code, they shall be construed as though they were followed by the words "or any part thereof." Exceptions shall be the following:
(1) Dwelling units occupied by individuals who were under a written contract, prior to a citation for violation(s) of this division, to purchase the residence after the contract has been reviewed for validity of purchase by the city attorney; or
(2) Dwelling units owned and operated by the United States of America, the State of South Carolina, or any agency thereof, including the Housing Authority of the City of Charleston;
(3) Dwelling units owned and operated by any institution of higher learning which operates housing for its faculty, staff or students; and
(4) Short term rentals or STRs, as defined in section 54-120.
Responsible local representative means a person having his or her primary place of residence or business office within thirty (30) miles of the premises and designated by the landlord as the agent responsible for operating the premises in compliance with the ordinances adopted by the city. The responsible local representative may be a professional management company. For the purposes of this division, the term "agent" shall also include responsible local representatives.
Rent means the consideration, whether pursuant to a written or oral agreement, statute, or ordinance, embodying the terms and conditions concerning the use and occupancy by a tenant of the premises.
Rental agreement means all agreements, whether pursuant to a written or oral agreement, statute, or ordinance, embodying the terms and conditions concerning the use and occupancy of the premises.
Tenant means a person entitled under a rental agreement to occupy the premises to the exclusion of others.
(Ord. No. 2022-159, § 1, 11-8-22)
