§ 158.002 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY BUILDING/STRUCTURE. A subordinate building the use of which is incidental to that of the dominant use of the main building or land. (e.g., a garden house, greenhouse, garage, carport or shed).
   AGENT. A designated representative of the property owner who may act on behalf of and make decisions for the owner with regard to the vacant property.
   AUTHORIZED OFFICIAL. The Housing & Community Development Director and the Director’s designees, including but not limited to, members of the city staff such as the Building Official, Building Inspector, Rental Housing Inspector, Code Enforcement Inspector or independent contractors appointed by the Director alike, shall oversee the administration and enforcement of this code. Work may include but is not limited to completion of administrative work, inspections or assessments, and/or other necessary actions in order to ensure compliance.
   BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
   DANGEROUS BUILDING. A building is deemed to be dangerous if it meets any of the definitions set forth in § 151.036 or § 95.002.
   EXTERIOR PREMISES. The open space on the premises or the portion of the premises upon which there is not a structure.
   GOOD REPAIR. Free from blight and hazardous conditions, clean, sanitary, and safe.
   ILLEGALLY OCCUPIED. Shall include any occupancy in violation of city ordinances.
   IMMINENT HAZARD. A condition which could cause serious or life-threatening injury or death at any time.
   JUNK. Scrap metals or scrap materials, abandoned, dismantled or partially dismantled machinery, motor vehicles, other vehicles or appliances.
   MIXED OCCUPANCY. Occupancy of a building in part for residential use and in part for some other use not accessory thereto.
   OCCUPANT. Any person other than the record owner who leases or otherwise lawfully resides in a building or premises, or a portion of a building or premises.
   OWNER. Any person holding title to the premises, or with a legal or equitable interest in the property, as recorded in the Office of the Recorder for Marshall County, or as recorded on the Marshall County assessment rolls.
   PARTIALLY VACANT. A building that has one or more stories or dwelling units vacant.
   RESPONSIBLE PERSON. A natural person who is the owner, operator, agent or manager of any building, structure, or premises and is responsible for the property’s maintenance and/or management.
   REFUSE. All garbage, rubbish, ashes, or other substances offensive to sight or smell, dangerous to the public health, or detrimental to the best interests of the community.
   STRUCTURE. Anything constructed or erected, which requires location on the ground or attached to something having location on the ground.
   UNOCCUPIED. A building which lacks of physical presence of an occupant for at least 180 consecutive days for the purpose for which it was erected or a building unfit for occupancy due to a failure to meet minimum standards set out by city ordinances. The storage of products, materials, or other personal property does not constitute occupancy unless authorized by the city zoning ordinance.
      (1)   A building shall be deemed to be vacant if it is unoccupied and/or no person currently resides in the building or operates a lawful business open regularly for business (with the exception of holidays and seasonal businesses), and if it meets one or more of the following.
         (a)   Unsecured or secured by means other than those used in the design of the building;
         (b)   Declared unfit for occupancy as determined by the Building Official or other authorized representative;
         (c)   Been deemed a dangerous and/or dilapidated building by the city;
         (d)   Subject to housing, building, fire, health and safety, nuisance or zoning code violations; or
         (e)   Lacks one or more utilities for a period of at least 180 consecutive days.
      (2)   VACANT BUILDINGS do not include any buildings being constructed pursuant to a valid building permit issued by the city that is progressing in accordance with time lines authorized under the issuance of the permit.
   VACANT LOT. A parcel of ground that does not contain a building or structure and is not owned by the owner of an adjoining parcel containing a principal building or structure.
   VACANT PROPERTY. Includes both vacant lots and vacant buildings.
   WASTE. Garbage, ashes, rubbish, refuse, or trash.
   WEEDS. Dense growth of all weeds, vines, brush, or other vegetation which may constitute a health, safety, or fire hazard.
(Ord. 15019, passed 5-24-2021)