§ 23.70.702. Definitions.

23.70.702.1 General. For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the code. Where terms are not defined, they shall have the ordinary accepted meanings within the context with which they are used. Webster's Dictionary 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.

Abatement - the code compliant corrections of all conditions or defects described in section 702, as confirmed by the code official.

Beyond economic feasibility to repair - when the estimated cost of repair exceeds the estimated replacement cost of the entire structure.

Code or codes - the relevant codes, as adopted by the Municipality.

Code official - the building official or designee.

Dangerous building - for the purpose of this chapter, any building or structure with any or all of the conditions or defects hereinafter described to such an extent the condition endangers life, limb, health, morals, property, safety, or welfare of the general public or its occupants.

1.

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.

2.

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.

3.

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 stresses allowed in the code for buildings of similar structure, purpose or location.

4.

Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent the structural strength or stability thereof is materially less than before such catastrophe and is less than the minimum requirements of the code for buildings of similar structure, purpose or location.

5.

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.

6.

Whenever any portion of a building or structure, or any member, appurtenance or ornamentation of 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 code for such buildings or structures.

7.

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 construction.

8.

Whenever the building or structure, or any portion thereof, because of:

a.

Dilapidation, deterioration or decay;

b.

Faulty construction;

c.

The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building or structure;

d.

The deterioration, decay or inadequacy of its foundation; or

e.

Any other cause is likely to partially or completely collapse.

9.

Whenever, for any reason, the building or structure, or any portion thereof, is unsafe for the purpose of which it is being used.

10.

Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

11.

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

12.

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

a.

An attractive nuisance to children;

b.

A harbor for vagrants, criminals or immoral persons; or

c.

Enables persons to resort thereto for the purpose of committing unlawful or immoral acts.

13.

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 Municipality, as specified in the code, or of any law or ordinance of this state or Municipality relating to the condition, location or structure of buildings.

14.

Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than fifty (50) percent, or in any supporting part, member or portion, less than sixty-six (66) percent of:

a.

Strength;

b.

Fire-resisting qualities or characteristics; or

c.

Weather-resisting qualities or characteristics required by law in the case of a newly constructed building or structure of like area, height and occupancy in the same location.

d.

This subsection does not apply to strength required to resist seismic loads.

15.

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 code official to be unsanitary, unfit for human occupancy or in such a condition it is likely to cause sickness or disease.

16.

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

17.

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.

18.

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 structure or portion thereof an attractive nuisance or hazard to the public.

Habitual - customarily, or by frequent practice or use; does not mean entirely or exclusively.

Imminent or immediate - near at hand, or if left unattended to on the point of happening; an observable structural, electrical, mechanical or plumbing failure to the extent a reasonable person may believe it poses a serious threat to life and safety.

Record owner - any legal interest of record disclosed from official public records.

Unfit for human occupancy - a building or structure is unfit for human occupancy whenever the code official finds such structure is unsafe, unlawful or because of the degree to which the building or structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, contains significant visible mold, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the building or structure constitutes a hazard to the occupants of the building or structure or to the public.

Unlawful building or structure - is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.

Unsafe building or structure - is one found to be dangerous to the life, health, property or safety of the public or the occupants of the building or structure by not providing the minimum safeguards to protect or warn occupants in the event of fire, or because such building or structure contains unsafe equipment or is so damaged, decayed, dilapidated, contains significant visible mold, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

Unsafe equipment - includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the building or structure in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises, building or structure.

( AO No. 2015-127, § 1, 4-1-16 ; AO No. 2017-119(S) , § 6, 11-9-17)