As used in this chapter, the following terms shall have the meanings indicated:
ABANDON or ABANDONEDTo withdraw or give up by leaving the premises or ceasing to operate or inhabit the premises; to relinquish or renunciate an interest, claim, privilege, possession or right in a real property or an improvement on real property, especially with the intent of never again resuming or reasserting it; more than a seasonal absence from the premises.
ANCHOREDSecured in a manner that provides positive connection.
APPROVEDAcceptable to the building official.
BUILDING OFFICIALThe officer who is charged with the administration and enforcement of this chapter, or any duly authorized representative.
CHILDREN'S OVERNIGHT CAMPA property consisting of a tract of land and any tents, vehicles, buildings or other structures that may be pertinent to its use, any part of which may be occupied by persons under 18 years of age under general supervision for the purpose of outdoor or indoor organized activities and on which provisions are made for overnight occupancy of children. However, the term "children's overnight camp" shall not include any place or facility which has been excepted from the State Sanitary Code by the Commissioner of the New York State Department of Health pursuant to § 1392, Subdivision 1, of the Public Health Law.
[NY] CODE ENFORCEMENT PROGRAMThe program under which an authority having jurisdication administers and enforces this chapter, as such program is currently in effect and as such program may hereafter be amended from time to time.
CONDEMNTo adjudge unfit for occupancy.
COST OF SUCH DEMOLITION OR EMERGENCY REPAIRSThe costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recordings; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a building official, the governing body or Board of Appeals.
DETACHEDWhen a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.
DETERIORATIONTo weaken, disintegrate, corrode, rust or decay and lose effectiveness.
DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENTThat portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.
EQUIPMENT SUPPORTThose structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.
EXISTING BUILDINGA building or structure that is legally occupied and/or for which a certificate of occupancy authorizing its use(s) has been issued, without regard to the date on which such legal occupancy began or the date on which such certificate of occupancy was issued.
EXTERIOR PROPERTYThe open space on the premises and on adjoining property under the control of owners or operators of such premises.
FIRE HAZARDAnything or any act which increases or may cause any increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service or preventing, suppressing or extinguishing fire or which may obstruct, delay or hinder or may become the cause of an obstruction, delay, hazard or hindrance to the prevention, suppression or extinguishment of fire.
GARBAGEThe animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
GUARDA building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
HABITABLE SPACESpace in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
HISTORIC BUILDINGAny building or structure that is one or more of the following:
A. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places.
Designated as historic under an applicable state or local law.
Certified as a contributing resource within a national register or state or locally designated historic district.
IMMINENT DANGERA condition that could cause serious or life-threatening injury or death at any time.
INFESTATIONThe presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests.
INOPERABLE MOTOR VEHICLEA vehicle that cannot be driven upon the public streets for reason, including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.
LABELEDEquipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.
NEGLECTThe lack of proper maintenance for a building or structure.
NUISANCEA. Any public or private nuisance known at common law or in equity jurisprudence, or as provided by the statutes of the State of New York, or the laws, codes or regulations of the Town of Saugerties.
Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unoccupied lot, including, but not limited to, abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash, fences, debris or vegetation.
Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the condition exists.
Unsanitary conditions or anything offensive to the senses or dangerous to the health, in violation of this chapter.
Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
OCCUPANCYThe purpose for which a building or portion thereof is utilized or occupied.
OCCUPANTAny individual living or sleeping in a building, or having possession of a space within a building.
OPENABLE AREAThat part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATORAny person who has charge, care or control of a structure or premises that is let or offered for occupancy.
OWNERAny person, agent, operator, firm or corporation having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSONAn individual, corporation, partnership or any other group acting as a unit.
PEST ELIMINATIONThe control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.
PREMISESA lot, plot or parcel of land, easement or public way, including any structures thereon.
PUBLIC WAYAny street, alley or other parcel of land that is open to the outside air; leads to a street; has been deeded, dedicated or otherwise permanently appropriated to the public for public use; and has a clear width and height of not less than 10 feet (3,048 millimeters).
RUBBISHCombustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
STRICT LIABILITY OFFENSEAn offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
TENANTA person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
ULTIMATE DEFORMATIONThe deformation at which failure occurs and that shall be deemed to occur if the sustainable load reduces to 80% or less of the maximum strength.
UNIFORM CODEThe New York State Uniform Fire Prevention and Building Code, adopted pursuant to Article 18 of the New York State Executive Law, as currently in effect and as hereafter amended from time to time.
VENTILATIONThe natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
WEEDSUncultivated vegetation such as grasses, brush, briars, and annual plants, excluding trees and cultivated vegetation, such as shrubs, flowers, gardens, and vegetation used for agricultural purposes.
YARDAn open space on the same lot with a structure.