(A) Generally. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ABANDONED. Deserted, or discontinuance of use.
ACCESSORY STRUCTURE. Any building used or intended to be used in conjunction with housing but not used for habitation, whether attached to or detached from a primary building, including, but not limited to, sheds, storage buildings, carports and garages, and any attached fence.
BUILDING. Any edifice, dwelling, accessory structure, or other structure or any portion thereof situated on the premises.
CONDEMNED BUILDING. Any building determined by the Zoning Enforcement Officer to be unsafe and dangerous, whereupon notice of condemnation shall be provided.
DEMOLISH AND REMOVE. The demolition and removal of the entire building, leaving the premises free and clear of any debris, any excavation properly filled in, and with no holes or pockets which may retain water.
DETERIORATED. A building which is substandard and can be repaired, altered or improved to comply with all of the minimum standards established by this article at a cost not in excess of 50% of its fair market value, as determined by finding of the Zoning Enforcement Officer.
DILAPIDATED. A building which is substandard and cannot be repaired, altered or improved to comply with all of the minimum standards established by this article except at a cost in excess of 50% of its fair market value, as determined by finding of the Zoning Enforcement Officer.
EXTERMINATION. The control and elimination of insects, rodents or other pests.
GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INFESTATION. The presence of any insects, rodents or other pests within or around a building in such number as to constitute a menace to the health, safety or welfare of the occupants or the public.
MORTGAGEE. Any creditor, lender, beneficiary, or mortgage-holder of a recorded deed of trust encumbering the premises.
OCCUPANT. Any person living, sleeping, cooking or eating in, or having actual possession of a building. An "occupant" may be also be a "tenant".
OFFICER. Refers to the Zoning Enforcement Officer and any designated agent thereof.
OPERATOR. Any person who has charge, care or control of a building, or part thereof, in which a building is let.
OWNER. Any person who alone, jointly or severally with others shall have legal title in fee simple to a building (with or without accompanying actual possession thereof) and any person in charge, care or control of any building, 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 representing the actual owner shall be bound to comply with the provisions of this article, and of rules and regulations adopted pursuant thereto, to the same extent as if such person were the owner.
PARTY OR PARTIES IN INTEREST. All persons who have interest of record in a building, and any persons who are in possession thereof, including, but not limited to: owner, occupant, mortgagee, tenant, judgment creditor or lien holder.
PREMISES. A lot, plot or parcel of land, including the buildings thereon, or any part thereof, except land occupied by streets, alleys or public thoroughfares.
PUBLIC AUTHORITY. Any housing authority or any officer who is in charge of any department or branch of the governments of the town, county, or the state relating to health, fire or building regulations or other activities concerning housing in the town.
RUBBISH. Combustible or noncombustible waste materials, except garbage and ashes, including, but not limited to, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass or dust.
SUBSTANDARD. Any condition existing in a building which causes the building to be unsafe according to the standards in this article. A substandard building is by definition one which is unsafe.
TENANT. Any lessee who occupies the whole or part of such building or premises, whether alone or with others. A "tenant" is also considered an "occupant" under this article.
UNSAFE. A building which conditions the Officer finds render the building dangerous or injurious to the health, safety or morals, and otherwise inimical to the welfare of, the occupants of the building, the occupants of neighboring housing, or other residents of the town, including, but not limited to, defects increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation or disrepair; structural defects; or uncleanliness. An unsafe building is by definition a public nuisance and unfit for human habitation.
VACATE AND CLOSE. Means that any owner, tenant, or occupant must immediately exit such building, which shall be secured to prevent entry, including all outer doors firmly locked and basement, cellar and windows barred or boarded. It also means that such building shall not again be occupied until all violations are corrected and an inspection is conducted by the Officer to verify compliance with this article.
(B) Words having certain meanings. Whenever the word "unsafe building" is used herein, it shall be construed as though followed by the words "or any part thereof."
(Ord. 11-9, passed 9-12-2011)