For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates of requires a different meaning.
BUILDING OFFICIAL. The Fire Chief or his or her designee.
HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. A previously occupiable residential unit that includes these spaces, shall be considered HABITABLE SPACE in its entirety for the purpose of calculating total habitable space of a building.
OWNER. The person(s) or entity of record at the County Recorder’s office as both the deed holder and the contract holder.
SECURED. A building that has all permanent doors and windows in each appropriate building opening that are secured to prevent unauthorized entry, and has all its door and window components intact and unbroken.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50% of the market value of the structure before the damage occurred. Volunteer labor and donated materials shall be included in the estimated cost of repair.
UNSECURED. Any building that does not meet the definition of “secured”.
VACANT BUILDING. A building or 50% or more of a building as measured by total square footage of all floors above grade and including previously habitable below grade spaces that are unoccupied and meets one or more of the following conditions:
(1) Records of the Lee County Recorder show the property is in lien foreclosure;
(2) Windows or entrances to the building are boarded up or closed off, or one or more doors or windows are broken and unrepaired;
(3) Doors to the building are damaged, smashed through, caved in, broken off, unhinged or continuously unlocked;
(4) The building is without gas, electric or water service;
(5) Trash service has been discontinued;
(6) Water service fails to use a minimum of 100 gallons per month;
(7) Rubbish, trash, putrescible materials or debris has accumulated on the property;
(8) Law enforcement agencies have received at least two reports of trespass, vandalism or other illegal acts being committed on the property within 12 months;
(9) The yards on the property exhibit grass, lawn, weeds and other vegetation which are not maintained to a minimum as required by code or to the standards prevailing in the neighborhood; and
(10) The structure meets any or all of the criteria which would support an action by the city under Iowa Code § 657A.10B to obtain title to the property.
VIOLATION. A lawful order has been issued by the city, or a department thereof, and the conditions forming the basis for the order have not been fully abated.
(Ord. D-87, passed 5-3-2022)