§ 6-120. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Appraised value means the value given to the structure by the county tax assessor's office.

Building means any structure or part thereof, erected for the support, shelter or enclosure of persons, animals, chattel or property of any kind. The term "building" includes, but is not limited to, any building, fence, awning, canopy, sign, shed, garage, house, tent, trailer or other structure whatsoever.

Building code means the International Building Code adopted by the town in section 6-23.

Building official means the town building inspector or his designated representative, fire marshal or any of the five substandard building committee members.

Committee means the substandard building committee that serves as an advisory committee to the town council.

Condemned and dilapidated means that a structure is unfit for human habitation and cannot be repaired, altered or improved to comply with all of the minimum standards established by this article except at a cost in excess of 50 percent of its value, as determined by finding of the inspector.

Deteriorated means that a structure is unfit for human habitation and can be repaired, altered, or improved to comply with all of the minimum standards established by this article at a cost not in excess of 50 percent of its value, as determined by finding of the inspector.

Imminent danger means a structure where there is a considerable risk, danger or peril and where accidents or injuries are likely to occur.

Law enforcement agency means the town's department of public safety, town police department, the county sheriff's department, and the county constable's office, if any.

Owner means any person, agent, firm, or corporation, named in the real property records of the county as owning the property.

Public nuisance means:

(1)

Whatever is dangerous to human life or health; whatever renders the ground, water, air or food hazardous to human life, or health, or that is offensive to the senses; or that is or threatens to become detrimental to the public health; or

(2)

Any building that creates a hazard to health, safety, comfort or welfare is a public nuisance.

Structure includes, but is not limited to, buildings.

Unfit for human habitation means that conditions exist in a dwelling, dwelling unit, roominghouse or rooming unit which violate or do not comply with one or more of the minimum standards of fitness or one or more of the requirements established by this article.

Unsafe or substandard building or structure means any building or structure which has any one or more of the following conditions such that the life, health, property or safety of the general public is endangered:

(1)

It is dilapidated, substandard; uninhabitable or unfit for human habitation or a hazard to the general health, safety and welfare of the general public.

(2)

The structure or portion thereof has been damaged by fire, explosion, flood, earthquake, wind, vandalism or elements of a nature or other cause to the extent that the structural integrity of the structure is less than it was prior to the damage and is less than the minimum requirement established by the International Building Code for new structures.

(3)

The structure or portion thereof as a result of decay, deterioration or dilapidation, is likely to fully or partially collapse.

(4)

Because of faulty construction, age, lack of proper repair or any other cause, it is especially liable to fire and constitutes or creates a fire hazard.

(5)

All buildings or structures which are so structurally deteriorated that they are in danger of collapse, or which cannot be expected to withstand the reasonably anticipated storms or hurricanes.

(6)

All buildings or structures that constitute a menace to health or safety such as accumulation of refuse and vegetation that creates breeding and living places for insects and rodents including all conditions conducive to the harboring of rats or mice or other disease carrying animals or insects reasonably calculated to spread disease.

(7)

The structure or portion thereof is unsafe, unsanitary or constitutes a fire hazard, or is otherwise dangerous to human life, or, in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.

(8)

Where a building or structure is 50 percent or more damaged, decayed, or deteriorated from its original value or structure it shall be demolished and when a building or structure cannot be repaired so that it will no longer exist in violation of the terms of this article or statute of the state, it shall be demolished. Included in the term "demolished" is the cleaning of the property and removing all debris and trash.

Unsecured, unoccupied building means any structure that currently has no legitimate occupant or tenant and which has missing or unlocked doors or windows or other unsecured openings into the building through which unauthorized persons can enter.

(Ord. No. 2009-01, art. I, § 3, 7-21-2009)