14.14A.040 Definitions.

(1)    General. For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the building code. Where terms are not defined, they have their ordinary accepted meanings within the context with which they are used. Webster’s Third International Dictionary of the English Language, unabridged, copyright 1981, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

(a)    Building Code. Building code is the International Building Code promulgated by the International Conference of Building Officials, as adopted in Chapter 14.05.

(b)    Dangerous Building. A dangerous building is any building or structure deemed to be dangerous under the provision of subsection (2) of this section.

(2)    Dangerous Building. For the purpose of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered:

(a)    Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and 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 so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

(c)    Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stress allowed in the building code for new buildings of similar structure, purpose or location.

(d)    Whenever any portion 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 than the minimum requirements of the building code for new buildings of similar structure, purpose or location.

(e)    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.

(f)    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 and 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.

(g)    Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

(h)    Whenever the building or structure or any portion thereof because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause is likely to partially or completely collapse.

(i)    Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

(j)    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.

(k)    Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.

(l)    Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants or criminals; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful acts.

(m)    Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this county as set forth in Chapter 14.05, or any law or ordinance of this state or county relating to the condition, location or structure of buildings.

(n)    Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty percent (50%), or in any supporting part, member or portion less than sixty-six percent (66%), of the (i) strength, (ii) fire resisting qualities or characteristics, or (iii) weather resisting qualities or characteristics required by the law in the case of a newly constructed building of like area, height and occupancy in the same location.

(o)    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 district health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

(p)    Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard.

(q)    Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

(r)    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 of in excess of six (6) months so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.

(3)    Exception. Buildings or structures designed, constructed and used solely to house farm implements, hay, grain, poultry, livestock or other horticultural products are hereby exempt from the provisions herein; provided, that said structures shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged; nor shall it be a place used by the public.

(4)    Any parcel with a vacant building or structure located on lands proposed for development, not intended for use in the development, shall be demolished within six (6) months of preliminary approval, unless under the supervision of a resident of the property, a resident care taker or regularly monitored by bonded security. (Sec. 4 of Ord. 1990-02-23; amended by Sec. 3 of Ord. 2017-08-08)