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For purposes of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the building code or the housing code. Where terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used. Unless otherwise expressly stated or unless the context clearly indicates a different intent, the following terms shall, for the purpose of this chapter, have the following meanings.
(1) Any building or portion thereof which meets the criteria set forth in Iowa Code § 657A.10A.
(2) Mere vacancy alone shall not cause a building to be considered abandoned. However, a “vacant building” which meets the definition herein will be considered “abandoned” upon notice and due process to the owner stating that the building is vacant and that, in addition to being vacant, possesses one or more of the additional criteria contained in the definition herein of “vacant building” or one or more of the criteria listed in Iowa Code § 657A.10A. Owners shall be afforded 30 days to correct any identified criteria prior to the building being added to the abandoned building list. Further, vacant buildings shall be removed from the abandoned building list upon notice from the owner, confirmed by the Building and Neighborhood Services Department, that the additional criteria have been corrected.
BUILDING CODE. The International Residential Code promulgated by the International Code Council, as adopted by the city.
BUILDING AND NEIGHBORHOOD SERVICES DIVISION. Under the Clinton Fire Department, the division that enforces and inspects all adopted building and housing codes as adopted by the city.
DANGEROUS BUILDING. Any building or structure which meets the definition of this term specified in § 150.02.
FIRE CODE. International Fire Code, as adopted by the city.
HOUSING CODE. The city residential housing code, as adopted by the city.
NUISANCE. Each of the following shall be defined as a NUISANCE:
(1) Any public nuisance known at common law or in equity jurisprudence.
(2) Any attractive nuisance which may prove detrimental to persons whether in a building, on the premises of a building, or upon an unoccupied lot.
(3) Whatever is dangerous to human life or is a menace to the public health, welfare or safety as determined by the City Manager.
(4) A building that is structurally unsafe, unsanitary or not provided with adequate safe egress, or that constitutes a fire hazard, or otherwise constitutes a hazard by reason of inadequate maintenance, dilapidation or obsolescence or abandonment.
(5) Uncleanliness to the risk of unhealthiness, as determined by the Building and Neighborhood Services Division.
(6) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the Building and Neighborhood Services Division.
(7) Any condition falling under the definition set forth in § 90.01.
VACANT BUILDING. Any building or portion thereof which has been unoccupied for a continuous period of time over six months, which is currently the subject of any housing, building, fire, health or zoning code violation, and which meets any one or more of the following criteria:
(1) Unsecured or secured by means other than those used in the design of the building, or in a manner that is unsafe, ineffective in keeping unauthorized persons from gaining entry;
(2) Declared a “dangerous building” as defined in this section, and/or having had a fire or other such catastrophe that requires rehabilitation before occupancy is allowed;
(3) Unfit for occupancy as determined by the Building and Neighborhood Services Division;
(4) Noncompliant with the current property management codes adopted by the city;
(5) Open to vagrants, vandals, children or the unwary; or
(6) Not receiving service by public utilities.
(Ord. 2545, passed 10-25-2016; Ord. 2678, passed 5-25-2021)