For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
UNSAFE BUILDING.
(1) A building or structure, or any part of a building or structure, that is:
(a) In an impaired structural condition that makes it unsafe to a person or property;
(b) A fire hazard;
(c) A hazard to the public health;
(d) A public nuisance;
(e) Dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance; or
(f) Vacant and not maintained in a manner that would allow human habitation, occupancy or use under the requirements of a statute or an ordinance.
(2) For the purpose of this code, any building or structure which has any or all the conditions or defects hereinafter described shall be deemed to be an UNSAFE BUILDING; provided that, such condition or defects exist to the extent that the life, health property or safety of the public or its occupants or potential occupants are endanger or where such conditions constitute a nuisance which may endanger life, limb, health, morals, property, safety or welfare of the general public:
(a) Whenever any door, aisle, passageway, stairway or other means of exit is not sufficient width or size or is not so arranged as to provide safe adequate means of exit in case of fire or panic;
(b) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe adequate means of exit in case of fire or panic;
(c) Whenever any portions thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less the minimum requirements of the Building Code for new buildings;
(d) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;
(e) Whenever any portion of a building, or any member, appurtenance or ornamentation on the, exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building code for such buildings;
(f) Whenever the building or structure, or any portion thereof, because of:
1. Dilapidation, deterioration or decay;
2. Faulty construction;
3. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
4. The deterioration, decay or inadequacy of its foundation; or
5. Any other cause, is likely to partially or completely collapse.
(g) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(h) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base;
(i) Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings;
(j) Whenever any building or structure has been damaged by fire and more than six months goes by from the date of the fire and the building has not been repaired;
(k) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities or otherwise, is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
(l) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public;
(m) Inadequate or insufficient bath, toilet or kitchen facilities;
(n) Inadequate or insufficient water supply or water supply systems;
(o) Inadequate or insufficient or other deficient air cooling, air heating or water heating equipment; and
(p) Any condition or conditions in violation of other applicable ordinances of the town and/or the building standards or codes of the county or the state.
UNSAFE PREMISES.
(1) An unsafe building;
(2) The tract of real property on which the unsafe building is located; and
(3) For purposes of this chapter, a tract of real property that does not contain a building or structure, not including land used for production agriculture, is considered an unsafe premise if the tract of real property is:
(a) A fire hazard;
(b) A hazard to public health;
(c) A public nuisance; or
(d) Dangerous to a person or property because of a violation of a statute or an ordinance.
(Prior Code, Title III, Ch. XIII, Art. IV, § 6) (Ord. passed 12-3-2008)