For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY. That the condition of a building, structure or any part thereof is an imminent, immediate and substantial danger to the health or safety of occupants, emergency responders and/or the general public. Such conditions include, but are not limited to: fire hazards; falling or dilapidated buildings, structures or any part thereof; loss of significant water, heat or ventilation; or lack of sanitary conditions.
ENFORCEMENT OFFICER. Any duly authorized town employee, the Town Fire Department’s office or the Town Police Department.
NEGLECTED VACANT BUILDING/RESIDENTIAL STRUCTURE.
(1) A building, regardless of the use, the square footage or the presence of more than one living unit, a portion of a building or residential structure, or a structure which is any one or more of the following:
(a) Unoccupied and unsecured;
(b) Unoccupied and secured by other than normal means;
(c) Unoccupied and an unsafe building or residential structure with suspected code violations as determined by an enforcement officer; and/or
(d) Unoccupied and an enforcement officer has issued an order to correct code violations.
(2) For the purpose of this definition, only the following properties are exempt:
(a) All properties owned by the federal government or the state, and all political subdivisions thereof; and
(b) All secondary residential structures, i.e., garage apartments and the like located on or contiguous to property with an occupied principal residence, as long as they do not violate this code, are secured and meet all applicable code requirements, are exempt from both the $50 annual registration fee and the $500 annual vacant buildings/structures fee.
OWNER. The person, persons or entity shown to be the owner or owners of record as listed by the current year’s tax rolls of the County Treasurer; those identified as the owner or owners on a vacant buildings and residential structures registration form; a mortgagee in possession, a mortgagor in possession, assignee of rents, receiver, executor, administrator, trustee or lessee; or other person, firm or corporation in control of the premises. Any such person or entity shall have joint and several obligations for compliance with the provisions of this subchapter.
SECURED BY OTHER THAN NORMAL MEANS. The condition when a building or residential structure is secured by means other than those used in the design and approved plans for the building.
UNOCCUPIED. The condition when a building or residential structure or a portion thereof lacks the habitual presence of human beings who have a legal right to be on the premises, including buildings or residential structures ordered vacated by an enforcement officer. In determining whether a building or residential structure is unoccupied, the enforcement officer may consider these factors, among others:
(1) Whether lawful residential or business activity has ceased;
(2) The percentage of the overall square footage of the occupied to unoccupied space or the overall number of occupied and unoccupied units and their proximity to each other;
(3) The building or residential structure is substantially devoid of contents or the fixtures or personal property located in the building or residential structure are of a minimal value;
(4) The building or residential structure lacks utility services;
(5) The building or residential structure is the subject of a foreclosure action;
(6) Duration of vacancy; and/or
(7) The presence or reoccurrence of code violations.
UNSECURED. The condition when a building or residential structure, or portion of a building or residential structure, is open to entry by unauthorized persons without the use of tools or ladders.
(Prior Code, § 4-5-2) (Ord. 182, passed 6-25-2012)