For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS BUILDING. Includes:
(1) Any building, fence, wall or other human-made structure which is dangerous to the public health because of its condition, and which may cause or aid in the spread of disease or injury to the health of the occupants of it or of neighboring structures or of the public generally;
(2) Any building, fence, wall or other human-made structure which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire and creates a fire hazard, or is attractive to malefactors, disorderly persons, or vagrants;
(3) Any building, fence, wall or other human-made structure which, by reason of faulty construction, age, lack of proper repair or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure;
(4) Any building, fence, wall or human-made structure which, because of its condition or because of unprotected or unsecured openings or apertures, is available to and frequented by malefactors, disorderly persons or vagrants who are not lawful occupants of said structure; and/or
(5) Any building, fence, wall or other human-made structure which is incomplete, or, because of its condition, is abandoned, or is abandoned to such extent that it is dangerous to the public.
DIRECTOR. The Director of Community Development of the city, or the Director’s designee.
DISTRESSED BUILDING.
(1) A building or portion of a building which is:
(a) Unoccupied and unsecured;
(b) Unoccupied and secured by boarding or other similar means that do not permit ready ingress and egress;
(c) Unoccupied and a dangerous structure;
(d) Unoccupied and has multiple code violations;
(e) Unoccupied and the building or its premises has been the site of unlawful activity within the previous six months;
(f) Unoccupied for over 90 days and during which time the city has issued an order to correct one or more public nuisance or property maintenance conditions and one or more of those conditions have not been corrected in a code compliant manner; or
(g) Unoccupied for over one year.
(2) But not including:
(a) Unoccupied buildings which are undergoing construction, renovation or rehabilitation and which are in compliance (or in the process of achieving such compliance) with all applicable ordinances, codes, legislation and regulations, and for which construction, renovation of rehabilitation is proceeding diligently to completion; or
(b) Unoccupied buildings resulting from an extended, but temporary, relocation of occupants in which circumstances the building and property are regularly maintained, monitored and generally looked after and for which no property maintenance violations exist.
UNOCCUPIED BUILDING.
(1) A building or portion thereof which lacks the habitual presence of human beings who have a legal right to be on the premises.
(2) In determining whether a building is
UNOCCUPIED, the Director may consider these factors, among others:
(a) A building at which substantially all lawful residential or business activity has ceased;
(b) The building is substantially devoid of contents. The condition and value of fixtures or personal property in the building are relevant to this determination;
(c) The building lacks one or more of the following services: water, sewer, electric or natural gas;
(d) The building is the subject of a foreclosure action;
(e) The building is not actively for sale as part of a contractual agreement to sell the building, the building lacks “for sale,” “for rent” or similar signage; and/or
(f) The presence or recurrence of uncorrected code violations.
(Prior Code, § 9-26) (Ord. 94-11B, passed 4-21-1994; Ord. 2008-43, passed 12-1-2008)