For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASIC STRUCTURAL ELEMENTS. The parts of a building which provide the principal strength, stability, integrity, shape, and safety of the building, including, but not limited to, plates, studs, joists, rafters, stringers, stairs, sub-flooring, flooring, sheathing, lathing, roofing, siding, window frames, door frames, porches, railings, eaves, chimneys, flashing, masonry, and all other essential components.
BUILDING. Any structure, place, or any other construction built for the shelter or enclosure of persons, animals, chattels, or property of any kind, or any part of such structure, shelter, or property.
CODE ENFORCEMENT OFFICIAL. A code enforcement coordinator or officer of the town or any agent of the CODE ENFORCEMENT OFFICIAL who is authorized by the CODE ENFORCEMENT OFFICIAL to enforce the provisions of this code.
COMMERCIAL BUSINESS. Any business or enterprise which produces and/or offers for sale products and/or services which, in any manner, conducts commerce within the town limits.
DETERIORATION. The condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, rusting, peeled or peeling paint, or other evidence of physical decay or loss of structural integrity.
MIXED OCCUPANCY. Any building that is used for 2 or more occupancies classified by different occupancy use groups.
NONRESIDENTIAL. Any building or structure, or portion of a building or structure, occupied or intended to be occupied, in whole or in part, for a use other than a dwelling, home, residing, place, living space, or sleeping space for 1 or more human beings, either permanently or transiently.
NUISANCE.
(1) Any public NUISANCE known at common law or in equity jurisprudence, as provided by the state, or this code; or
(2) Any condition including an attractive nuisance which may prove detrimental to human health or safety whether in a building, on the premises of a building, or part of a building, or upon an occupied lot; or
(3) Physical conditions dangerous to human life or detrimental to health of persons in, on, or near the premises where the condition exists; or
(4) Unsanitary conditions or conditions that are dangerous to public health, well being, or the general welfare; or
(5) Fire hazards or other safety hazards.
OCCUPANT. Any person who is a tenant or has actual possession of a nonresidential building or structure, or part thereof.
OPERATOR. Any person who has charge, care, or control of premises or a part thereof, whether with or without the knowledge and consent of the owner, or any person, individually or jointly, entitled to possession regardless of whether the premises are actually occupied or not.
OWNER. Any person who alone, jointly, or severally with others:
(1) Shall have title in fee simple to any nonresidential building or structure, with or without accompanying actual possession thereof; or
(2) Shall have charge, care, or control of any nonresidential building or structure as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this subchapter and of the rules and regulations adopted pursuant thereto, to the same extent as if he/she were the owner.
PARTIES IN INTEREST. All individuals, associations, and corporations that have interests of record in a building or any that are in possession thereof; or shall have charge, care, or control of any building, as owner or agent of the owner, operator, or as executor, executrix, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this subchapter, and of the rules and regulations adopted pursuant thereto, to the same extent as if he/she were the owner.
PHYSICAL VALUATION. The estimated cost to replace the building in kind.
PREMISES. Any lot or parcel of land inclusive of any building, structures, or improvements located thereon, under control by the same owner or operator.
SAFE. A condition which is not likely to do harm to humans or to real or personal property.
STORY. That portion of a building between the surface of any interior floor and the ceiling next above. A basement is considered a STORY only when its ceiling is over 6 feet above the average level of the finished ground surface adjacent to the exterior walls of the front entrance and/or side street entrance of the building.
STRUCTURALLY SOUND. Substantially free from flaw, defect, decay, or deterioration to the extent that the building or structure or structural member is capable of adequately or safely accomplishing the purpose for which it was intended or designed.
STRUCTURE. Anything constructed or placed upon a property which is supported by the ground or which is supported by any other STRUCTURE, except a currently operable licensed vehicle.
STRUCTURE, ABANDONED. Any structure, whether designed and intended for nonresidential or other uses, which is vacant or not in active use, regardless of purpose or reason, for the past two-year period and which is determined by the Code Enforcement Official to be unfit for occupancy based upon the standards as set forth in this subchapter.
UNSAFE. A condition which is reasonably likely to do harm to humans or to real or personal property if not corrected or stopped.
VACANT INDUSTRIAL WAREHOUSE. Any building or structure designed for the storage of goods or equipment in connection with manufacturing processes, which has not been used for that purpose for at least 1 year and has not been converted to another use.
VACANT MANUFACTURING FACILITY. Any building or structure previously used for the lawful production or manufacturing of goods, which has not been used for that purpose for at least 1 year and has not been converted to another use.
(Ord. 16-163, passed 5-17-2016)