As used in this chapter, the following terms shall have the
meanings indicated:
BUILDING
Includes primary and/or accessory structures.
EMERGENCY SITUATION
Where the condition of a building, or any part thereof, is
an imminent, immediate, and substantial danger to the health or safety
of occupants and/or the general public. Such conditions include, but
are not limited to, fire hazards, falling or dilapidated buildings,
or any part thereof, loss of significant water, heat, ventilation,
or a lack of sanitary conditions.
OPERATOR
Any person, persons or entity who has charge, care or control
of a building and/or property, including a tenant or property maintenance
company.
OWNER
The person, persons, or entity shown to be the owner or owners
on the current assessment records; a mortgagee in possession, either
by commencement of a mortgage foreclosure action, or otherwise; assignee
of rents; receiver; executor, administrator, trustee, lessee, or other
person, firm or corporation in control of the premises, including
an operator as defined herein. Any such owner shall have joint and
several obligation for compliance with the provisions of this chapter.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
UNOCCUPIED
A building or portion thereof which lacks the habitual presence
of human beings who have a legal right to be on the premises, including
buildings ordered vacated by a Code Enforcement Officer. In determining
whether a building is unoccupied, a Code Enforcement Officer may consider
these factors, among others:
A.
Whether lawful residential or business activity has ceased;
B.
The percentage of the overall square footage of the occupied
to unoccupied space or the overall number of occupied and unoccupied
units;
C.
Whether the building is substantially devoid of contents or
the minimal value of fixtures or personal property in the building;
D.
Whether the building lacks utility services;
E.
Whether the building is subject to a foreclosure action;
F.
The duration of vacancy; and/or
G.
The presence or reoccurrence of code violations.
UNSECURED
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
VACANT BUILDING
A building or a portion of a building which is any one or
more of the below:
A.
Unoccupied and unsecured;
B.
Unoccupied and secured by other than normal means;
C.
Unoccupied and an unsafe building as determined by an Enforcement
Officer;
D.
Unoccupied and the Code Enforcement Office has issued an order
to correct code violations; or
E.
Unoccupied for a period of time over 30 days.