For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING CODE. The Michigan Construction Code series promulgated by Michigan Public Act 230 of 1972 as amended.
DANGEROUS BUILDING. Any building or structure (including mobile home) which has any of the following defects or conditions:
(1) Any door, aisle, passageway, stairway or other means of ingress or egress does not conform to the approved Fire and Building Code of the village.
(2) The walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
(3) The stress, in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.
(4) Any portion has been damaged by fire, earthquake, wind, flood or by any other cause to the extent that the structural strength or stability is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for a new building or similar structure, purpose or location.
(5) Any portion, member or appurtenance of a building is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(6) Any portion of a building, or any member, appurtenance or ornamentation on its exterior is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings.
(7) Any portion of a building has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds than is required in the case of similar new construction by the Building Code.
(8) The building or structure, or any portion thereof, because of:
(a) Dilapidation, deterioration, or decay;
(b) Faulty construction;
(c) The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
(d) The deterioration, decay or inadequacy of its foundation; or
(e) Any other cause, is likely to partially or completely collapse.
(9) For any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used.
(10) The exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third base.
(11) The building or structure, exclusive of the foundation shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.
(12) The building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become:
(a) An attractive nuisance to children;
(b) A harbor for vagrants, criminals or immoral persons; or
(c) As to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral acts.
(13) Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of the Building Code or Housing Code or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.
(14) Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50%, or in any supporting part, member or portion less than 66%, of the:
(a) Strength;
(b) Fire-resisting qualities or characteristics; or
(c) Weather-resisting qualities or characteristics required by law in case of a newly constructed building of like area, height and occupancy in the same location.
(15) A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is unsanitary or unfit for human habitation, or is in a condition that is likely to cause sickness or disease.
(16) Any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of fire resistive construction, faulty electrical wiring, gas connections or heating apparatus, or other cause, is determined by the fire chief to be a hazard.
(17) Any building becomes vacant, dilapidated and open at door or window or any other opening, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
(18) Any building or structure becomes harborage for rats, mice or other vermin and pests and is likely to be a source of infestation of such vermin and pests to the surrounding properties.
(19) Any building or structure is in such a condition as to constitute a public nuisance under common law or in equity.
(20) Any portion of a building or structure remains on site after the demolition or destruction of the building or structure, or a building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
(21) (a) In addition, the term DANGEROUS BUILDING shall also include any swimming pool or wading pool, as defined in the building code or zoning ordinance, if the swimming pool or wading pool is permitted:
1. To become stagnant;
2. To become a breeding ground for mosquitoes, or other insects;
3. To become algae ridden;
4. To become otherwise unsafe for the intended purposes; or
5. To have the required enclosure surrounding the swimming pool either not properly constructed or maintained in accordance with the requirements of the zoning ordinance or building code.
(b) Each of the foregoing defects or conditions is hereinafter referred to as a DANGEROUS CONDITION.
FIRE CODE. The current edition of the International Fire Code.
VILLAGE. The Village of Birch Run, Saginaw County, Michigan.
(Ord. 4-2007, passed 3-24-2008)