Definitions. Unless otherwise expressly stated, the following terms
will, for the purpose of this chapter, have the meanings indicated
in this section:
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer and any other duly authorized
Town of Binghamton employee of the Code Enforcement Office.
EMERGENCY SITUATION
Where the condition of a building, structure, or any part
thereof is an imminent, immediate, and substantial danger to the health
or safety of occupants, emergency responders, and/or the general public.
Such conditions include, but are not limited to, fire hazards, falling
or dilapidated buildings, structures, or any part thereof, loss of
significant water, heat, ventilation, or a lack of sanitary conditions.
OWNER
The person, persons, or entity shown to be the owner or owners
on the records of the County of Broome Real Property, those identified
as the owner or owners on a vacant building registration form, a mortgagee
in possession, a mortgagor in possession, assignee of rents, receiver,
executor, administrator, trustee, lessee, other person, firm or corporation
in control of the premises. Any such person will have joint and several
obligations for compliance with the provisions of this chapter.
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 the Code Enforcement Officer. In determining
whether a building is unoccupied, the Code Enforcement Officer may
consider these factors, among others:
(1)
Whether lawful residential or business activity has ceased;
(2)
The percentage of the overall square footage of the occupied
to unoccupied space or the overall number of occupied and unoccupied
units;
(3)
The building is substantially devoid of contents or the minimal
value of fixtures or personal property in the building;
(4)
The building lacks utility services;
(5)
The building is subject to a foreclosure action;
(6)
Duration of vacancy; and/or
(7)
The presence or reoccurrence of code violations.
UNSECURED
A building or portion of a building which is open to entry
by unauthorized persons.
VACANT BUILDING
A building, a portion of a building, or a structure which
is any one or more of the following:
(1)
Unoccupied and/or unsecured;
(2)
Unoccupied and/or secured by other than normal means;
(3)
Unoccupied and/or an unsafe building as determined by the Code
Enforcement Officer;
(4)
Unoccupied and the Code Enforcement Officer has issued an order
to correct code violations;
(6)
Unoccupied for a period of time over 60 days.