For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Abandoned.” That to which an owner has relinquished all right, title, claim and possession, with the intention of not reclaiming it or resuming its ownership, possession, or enjoyment.
(b) “Abandoned structure.” Any building, either constructed or in a partially constructed state, which is permitted to remain uninhabitable/uninhabited for a period of at least six months. Examples of elements which shall determine whether or not a structure has been abandoned are any of the following conditions, but such determination shall not necessarily be controlled by these illustrations: premises where a structure is located and windows or doors are broken; or nonworking or disconnected utilities; or where trash is permitted to accumulate; or where grass and weeds are permitted to grow without being mowed; or where further construction is needed to make such premises habitable; or where taxes remain unpaid on such a structure.
(c) “Blight.”
(1) A parcel that has one or more of the following conditions:
A. A structure that is dilapidated, unsanitary, unsafe, or vermin infested and that because of its condition has been designated by an agency that is responsible for the enforcement of housing, building, or fire codes as unfit for human habitation or use;
B. The property poses a direct threat to public health or safety in its present condition by reason of environmentally hazardous conditions, solid waste pollution, or contamination;
C. Tax or special assessment delinquencies exceeding the fair value of the land that remain unpaid 35 days after notice to pay has been mailed.
(2) A parcel that has two or more of the following conditions that, collectively considered, adversely affect surrounding or community property values or entail land use relationships that cannot reasonably be corrected through existing zoning codes or other land use regulations:
A. Dilapidation and deterioration;
B. Age and obsolescence;
C. Inadequate provision for ventilation, light, air, sanitation, or open spaces;
D. Unsafe and unsanitary conditions;
E. Hazards that endanger lives or properties by fire or other causes;
F. Noncompliance with building, housing, or other codes;
G. Nonworking or disconnected utilities;
H. Is vacant or contains an abandoned structure;
I. Excessive dwelling unit density;
J. Is located in an area of defective or inadequate street layout;
K. Overcrowding of buildings on the land;
L. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
M. Vermin infestation;
N. Extensive damage or destruction caused by a major disaster when the damage has not been remediated within a reasonable time;
O. Identified hazards to health and safety that are conducive to ill health, transmission of disease, juvenile delinquency, or crime;
P. Ownership or multiple ownership of a single parcel when the owner, or a majority of the owners of a parcel in the case of multiple ownership, cannot be located.
(d) “Deterioration.” The condition or appearance characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect or lack of maintenance.
(e) “Mixed occupancy.” Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to non-dwelling uses.
(f) “Nuisance.”
(1) Any public nuisance known at common law or in equity jurisprudence, or as provided by the statutes of the state or ordinances of the city;
(2) Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist;
(3) Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this chapter; and
(4) Fire hazards.
(g) “Owner.”
(1) Any person who, alone or jointly or severally with others, has legal or equitable title to any premises, with or without accompanying actual possession thereof, or has charge, care or control of any dwelling or dwelling unit, as an owner or an agent of the owner, or as a fiduciary, including but not limited to the executor, the administrator, the trustee, the receiver or the guardian of the estate or as a mortgagee in possession, regardless of how the possession was obtained.
(2) Any real estate company, firm, corporation, broker or salesman having a listing agreement with the owner of real property for the purpose of the sale of the same, and not having an additional contractual agreement, oral or written, to manage or maintain the same during the continuance of the listing agreement, is specifically exempted from this definition, and does not fall within the purview of § 1490.09 establishing maintenance responsibility.
(h) “Premises.” A lot, plot or parcel of land, including the buildings or structures thereon.
(i) “Refuse.” All putrescible and nonputrescible solid waste, except body waste, including but not limited to garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.
(Ord. 23-89, passed 9-5-1989; Ord. 10-2023, passed 2-5-2024)