For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS BUILDING OR STRUCTURE. A building or structure that is potentially hazardous to persons or property, including, but not limited to, one that:
(1) Is in danger of partial or complete collapse;
(2) Has any exterior parts that are loose or at risk of falling;
(3) Has any parts, such as floors, porches, railings, stairs, ramps, balconies or roofs, or parts thereof, that are accessible and that are either collapsed, in danger of collapsing or unable to support the weight of normally imposed loads; or
(4) Is not in compliance with building, plumbing or electrical codes, or one which creates an attractive nuisance or other unsuitable hazardous condition.
OWNER. Those shown to be the owner or owners on the record of the County Director of Equalization, those identified as the owner or owners on a vacant building registration form, holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vender in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm or corporation in control of the freehold of the premises or lesser state therein. Any such person or corporation having ownership interest, whether divided or undivided or jointly or severally, shall have a joint and several obligation for compliance with the provisions of this subchapter.
SECURED BY OTHER THAN NORMAL MEANS. A building secured by means other than those used in the design of the building.
UNOCCUPIED. A building which is not being used for a legal occupancy.
UNSECURED. A building or portion of a building that is open to entry by unauthorized persons without the use of tools.
VACANT BUILDING.
(1) A building or portion of a building that is:
(a) Unoccupied and unsecured;
(b) Unoccupied and secured by other than normal means;
(c) Unoccupied and a dangerous building or structure;
(d) Unoccupied and condemned;
(e) Unoccupied and is in violation of city code or zoning; or
(f) Condemned and illegally occupied.
(2) The term VACANT BUILDING does not include any building under construction pursuant to a valid permit which has been issued by the city and during the period that permit is valid.
(Prior Code, § L-3-102) (Ord. 936, passed - -; Ord. 968, passed - -)
Statutory reference:
Related provisions, see SDCL §§ 9-29-1 and 9-33-9