For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENT. Any person, firm or corporation who has the charge, care or control of any structure as agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner or is responsible for the management, maintenance, operation, renting, leasing or sale of any property, or who makes application for or seeks a permit or certificate on behalf of the owner of any property or who in any other way represents the owner of the property in any particular case under this chapter.
BASIC STRUCTURAL ELEMENTS. The parts of a structure that provide the principal strength, stability, integrity, shape and safety of the structure, including, but not limited to, plates, studs, joists, rafters, stringers, stairs, subflooring, flooring, sheathing, lathing, roofing, siding, window frames, door frames, porches, railings, eaves, chimneys, flashing, masonry and all other essential components.
BUILDING. Any structure, place or other construction, or part thereof, built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
BUILDING INSPECTOR. The Town Building Inspector appointed as such to administer this chapter and shall include any agent of the Inspector who is authorized by the Inspector.
DETERIORATED. A structure that is unsafe for use and can be repaired, altered or improved to comply with all the minimum standards established by this chapter, at a cost not to exceed 50% of its value, as determined by finding of the Inspector.
DILAPIDATED. A structure that is unsafe for use and cannot be repaired, altered or improved to comply with the minimum standards required of this chapter, at a cost to repair, alter or improve that exceeds 50% of the current value, as determined by finding of the Inspector.
ENFORCEMENT OFFICER. The Housing Inspector, Hearing Officer or other person charged with the enforcement of this chapter and who may also be referred to as “public officer”.
HEALTH OR SAFETY HAZARD. The structure has not been properly maintained to meet the requirements of this chapter so that the health or safety of its occupants or others is jeopardized.
NONRESIDENTIAL STRUCTURE. Any structure occupied or intended to be occupied, in whole or in part, for a use other than a dwelling, home, residing place, living space or sleeping space for one or more people, either permanently or transiently.
OCCUPANCY. The purpose for which a structure is used or intended to be used.
OCCUPANT. Any person who is a tenant or has actual possession of a structure.
OWNER. The holder of title in fee simple or any lesser interest in title, who alone or jointly, or severally with others:
(1) Shall have title to any structure with or without accompanying actual possession thereof; or
(2) Shall have charged care or control of any structure, as owner or agent of the owner, or as executor, executrix, administrator, 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 chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
PARTIES IN INTEREST. All individuals, associations and corporations who have interests of record in a structure and any who are in possession thereof.
PREMISES. A lot, plot or parcel of land including any structure thereon and any appurtenances thereto and improvements thereon.
SAFE. A condition which is not likely to do harm to people or property.
STRUCTURALLY SOUND. Substantially free from flaw, defect, decay or deterioration to the extent that the structure, any basic structural element or structural member is capable of adequately or safely accomplishing the purpose for which it was intended or designed.
STRUCTURE. Anything, or any part thereof, constructed, erected or placed with a fixed location on the ground or attached to something having a fixed location on the ground including, but not limited to, buildings, mobile structures, billboards, freestanding signs and fences, except a currently operable licensed vehicle.
UNSAFE. A condition that is dangerous to the public health, safety and welfare and/or a condition which is reasonably likely to do harm to people or property if not corrected or stopped.
VACANT INDUSTRIAL WAREHOUSE. Any structure designed for the storage of goods or equipment in connection with manufacturing processes, which has not been used for that purpose for at least one year and has not been converted to another use.
VACATE AND CLOSE. Properly board and secure a structure from intrusion or entry by trespassers or other people except as necessary to effectuate the purposes of this chapter.
VALUE, CURRENT. The assessed tax value of a structure determined by the County Tax Department or the fair market value as determined by a qualified real estate appraiser with proper credentials to determine fair market value.
(Ord. passed 7-20-2010)